Judge sex controversy lawsuit quashed
Appeal planned, lawyer says
Last Updated: Tuesday, November 16, 2010 | 9:53 AM CST
CBC News
IN DEPTH: Manitoba judge sex controversy
- Judge in harassment complaint has role reduced
- Judge sex controversy complaint to be reviewed
- Man in judge sex controversy loses lawsuit
- Man. lawyer King charged with misconduct
- Man in judge controversy fights to save lawsuit
- Lawsuit dropped against judge in sex controversy
- Judge disputes sex controversy allegations
- Man in judge controversy cuts $25,000 cheque
- Man in judge controversy has computers seized
- Man in judge controversy worries about fair trial
- Oversight body told of lawyer's conduct in 2003
- Man in judge controversy must surrender computer
- Manitoba judge complainant fired from job
- Judge's nude photos ordered returned
- Manitoba judge, husband, law firm face lawsuits
- Man. judge in nude photo scandal steps aside
- Nude photos of judge contained in complaint
- BLOG: Why we are telling the story of the judge and the nude photos
- DOCUMENT: Statement from Jack King (PDF)
Alex Chapman had been seeking $10 million in a lawsuit filed against Manitoba lawyer Jack King. (CBC)A man who claims he suffered emotional distress when he was asked to have sex with a Manitoba lawyer — who later became a judge — has had his lawsuit thrown out of court.
A Court of Queen's Bench justice has dismissed Alexander Chapman's lawsuit against Jack King. The judgment was released Tuesday in Winnipeg.
In his decision, Justice John Menzies wrote that Chapman has no right to sue after signing a confidential settlement agreement with King seven years ago. As part of the release, Chapman promised not to take legal action against King, his partners or the law firm.
'To allow the matter to proceed further would be an abuse of process.'—Justice John Menzies
"I find the defendant has satisfied me that the claims advanced by the plaintiff were settled in 2003 … and to allow the matter to proceed further would be an abuse of process," he wrote.
King's lawyer, Bill Gange, suggested that Tuesday's ruling was a vindication.
"When a person settles a claim that they have, that ought to be the end of the matter," Gange said. "Canadian law is very clear."
Further, Menzies agreed with Gange that Chapman's claim exceeded the six-year limit under the Limitation of Actions Act.
"The plaintiff executed the release [agreement] in July of 2003, seven years before this cause of action was commenced," Menzies wrote.
At a hearing on Oct. 26, Chapman's lawyer, Paul Walsh, said his client was not under the impression that his legal rights had been compromised by the release.
Menzies dismissed that argument in his decision, stating that "a misunderstanding of one’s legal rights does not operate to extend a limitation period."
Walsh said Tuesday evening that Chapman plans to appeal Menzies's ruling to a higher court.
International headlines
Chapman made international headlines when he launched three lawsuits seeking a total of $67 million. One was against King for $10 million, another against King's wife, Lori Douglas, for $7 million and the third against the Winnipeg law firm Thompson Dorfman Sweatman for $50 million.
He filed the actions on Sept. 1, claiming he was harassed and suffered emotional distress when King tried, but failed, to get him to have sex with Douglas in 2003.
At the time, both King and Douglas were partners at Thompson Dorfman Sweatman.
Douglas, who is now an associate chief justice of the Manitoba Court of Queen's Bench, has temporarily stepped aside from her duties as a sitting judge but remains with the court in an administrative capacity.
2 lawsuits dropped
Chapman dropped the lawsuit against Douglas three weeks later, then dropped the claim against the law firm in late October.
Chapman first met King in 2002, when he retained the lawyer to handle his divorce. King showed him sexually explicit photos of Douglas, naked in various forms of bondage, in chains, with sex toys and performing oral sex.
Jack King has been charged by the Law Society of Manitoba with three breaches of the code of professional conduct. (CBC)That information has been admitted to in court documents submitted by King.
At some point, Chapman, who is black, said King, who is white, also directed him to a 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, who was paid $25,000.
After seven years of silence, Chapman decided to file the complaint with the law society. He also decided to go public with his allegations at the end of August, telling CBC News he felt distraught about the matter.
Gange told CBC News in August that his client was suffering from depression at the time of the incident cited by Chapman.
King's wife, Douglas, didn't know he was soliciting a client to have sex with her, Gange said.
He also said King took time off work on a sick leave after his interaction with Chapman and was put under the care of a doctor.
The saga is not over yet, however, as the Law Society of Manitoba has charged King with professional misconduct and the Canadian Judicial Council is investigating Chapman's complaint against Douglas.
The charges against King have yet to be proven in a disciplinary hearing, which includes two lawyers and one member of the public. No date has been set for that hearing.
In his decision, Menzies stated that although the confidential settlement with King prevents him from suing, it does not prevent him from making disclosure to the Law Society of Manitoba as part of his complaint.
With files from The Canadian PressShare Tools
Latest Manitoba News Headlines
- Winnipeg's CDI College investigated, enrolment halted
- CDI College in Winnipeg is under investigation after several students in its licensed practical nursing program complained to Manitoba's LPN regulatory body. more »
- Former Manitoba sheriffs face more charges in Winnipeg
- Richard Gordon and Jackie Burgoyne have been charged with three more counts of sexual assault after police said two more alleged victims came forward. more »
- Drivers argument ends with gunfire in Winnipeg's Exchange District
- A 22-year-old man is in custody after a car crash and gun fire in Winnipeg's Exchange District early Monday morning. more »
- Winnipeg woman warns pet owners of poison in north end
- A Winnipeg family is looking for answers after their dogs got severely sick on the weekend resulting in one of the canines dying. more »
Must Watch
Top News Headlines
- Oklahoma tornado recovery work begins after dozens killed
- Rescue teams searched through the night in hopes of finding survivors after dozens of people were killed in a tornado16 kilometres south of Oklahoma City that flattened two elementary schools and many homes, but efforts have increasingly turned to recovery work.
more »
- Will alleged Rob Ford video overshadow Toronto casino debate?
- A debate about a proposed downtown casino is supposed to take centre stage at Toronto City Hall on Tuesday, but it seems a safe bet that a still-unseen video of Mayor Rob Ford will continue to be a topic of conversation. more »
- Harper to address Tory caucus amid Senate scandal
- Conservatives gathered Monday night to mourn the passing of a key architect in their rise to power — and to brace for the toughest test Prime Minister Stephen Harper's government has faced since taking office on a promise to clean up politics in the national capital. more »
- Keith Boag: Have you heard about the murderous abortion doctor?
- The gruesome trial and murder conviction of Philadelphia abortion provider Dr. Kermit Gosnell is unlikely to change American abortion law, Keith Boag writes. But it has U.S. journalists questioning their priorities and how they cover such a sensitive issue. more »
- Fearful Oklahoma families search for children
- The parents and guardians stood in the muddy grass outside a suburban Oklahoma City church, listening intently as someone with a bullhorn called out the names of children who were being dropped off — survivors of Monday's deadly tornado. more »
- Elijah Harper's daughter overwhelmed by condolences
- Drivers argument ends with gunfire in Winnipeg's Exchange District
- Former Manitoba sheriffs face more charges in Winnipeg
- Winnipeg woman warns pet owners of poison in north end
- More details on double homicide victims
- Woman rescued from Assiniboine River
- Second man charged in death of Winnipeg model
- Man, 44, charged in Charleswood double homicide
- Man, 23, killed in head-on crash near Brandon

