Man in judge controversy fights to save lawsuit
Last Updated: Tuesday, October 26, 2010 | 1:30 PM CT
CBC News
IN DEPTH: Manitoba judge sex controversy
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Jack King accuses Alex Chapman of violating a 2003 confidential settlement and is suing on claims his privacy was breached. (CBC)A man embroiled in a controversy over nude photos of a Manitoba lawyer who is now a judge is back in court in Winnipeg.
Alex Chapman is fighting to keep his $10-million lawsuit against lawyer Jack King from being dismissed.
King is the husband of Lori Douglas, whom Chapman was also suing before dropping the $7-million claim in September.
Chapman has also dropped the $50-million claim he had against the Winnipeg law firm Thompson Dorfman Sweatman.
He filed all three lawsuits on Sept. 1, claiming he was harassed and suffered emotional distress when King tried, but failed, in 2003 to get him to have sex with Douglas.
At the time, both King and Douglas were partners at Thompson Dorfman Sweatman.
Douglas was appointed a judge of the Court of Queen's Bench on May 19, 2005, and then appointed as an associate chief justice of the Court of Queen's Bench on May 14, 2009.
The lawsuit against Lori Douglas was withdrawn but the Canadian Judicial Council is still investigating a complaint against her by Alex Chapman. (CBC)Chapman first met King in 2002, when he retained the lawyer to handle his divorce.
Chapman claims King showed him sexually explicit photos of Douglas, naked in various forms of bondage, in chains, with sex toys and performing oral sex.
At some point, Chapman claimed, King also directed him to an interracial porn website devoted to interracial sex, particularly between black men and white women.
When his divorce was concluded, Chapman filed a complaint to the managing partners at the law firm. Soon after receiving the complaint, King left the firm and signed a confidentiality agreement with Chapman.
Douglas has temporarily stepped aside from her duties as a sitting judge but remains with the court in an administrative capacity.
The Canadian Judicial Council is also investigating a complaint Chapman filed against Douglas.
The Manitoba Law Society will announce next week whether it will hold a disciplinary hearing into King's conduct based on a complaint filed with them by Chapman.
Release signed
King's lawyer, Bill Gange, noted in court Tuesday that Chapman was paid $25,000 as part of the confidentiality agreement.
As well, Chapman signed a release, promising not to take legal action against King, his partners or the firm.
Alex Chapman is seeking $10 million in a lawsuit filed against lawyer Jack King. (CBC) Chapman was also required not to discuss the matter and to destroy all emails, photos and other materials sent to him by King.
Chapman kept the material, but after seven years of silence decided to go public with his allegations at the end of August, telling CBC News he felt distraught about the matter.
As a result of Chapman providing the pictures to other individuals, King has filed a lawsuit for invasion of privacy.
Chapman tried to repay the money by cutting King a cheque last month for $25,000.
Gange told Court of Queen's Bench Justice John Menzies Tuesday that Chapman can't sign a release then bring legal action. The release is complete defence against any action, he said.
Also, Chapman's statement of claim was filed more than seven years after the 2003 settlement, extending beyond the six-year limit under the Limitation of Actions Act, Gange argued.
Lawyer Paul Walsh, who was representing Chapman on Tuesday, argued the release is void and unenforceable and offends the law society's code of conduct because the payment and confidentiality agreement is essentially "hush" money.
All lawyers involved in the 2003 agreement had an obligation to report King's misconduct to the law society, not draw up the release, Walsh added.
He also said Chapman was not under the impression that his legal rights had been compromised by the release.
Menzies questioned that argument, asking then why Chapman is not suing the lawyer who represented him at that time for getting him into a bad arrangement.
Menzies has reserved his decision on whether the lawsuit against King will go ahead.
Corrections and Clarifications
- A prior version of this story indicated that John Menzies was a provincial court judge. In fact, he is a justice with Manitoba's Court of Queen's Bench. (Oct. 26, 2010 | 3:26 p.m. ET)
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