A lawyer representing the Ontario actor planning to sue Harvey Weinstein for sexual assault says the disgraced producer has eluded attempts to be served notice about the civil suit, but the case will move forward anyway.
The woman, who has asked the court for permission to remain anonymous, alleges that Weinstein threw her onto a bed in his hotel room and exposed himself while she was filming a movie in Toronto nearly 20 years ago.
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Over the past week, her lawyers say they have made multiple unsuccessful attempts to serve notice to Weinstein and his former assistant Barbara Schneeweiss, who arranged the meeting, according to the complainant.
The woman says she suffered depression, anxiety and distress following the encounter. She is seeking millions of dollars in damages through civil court.
"In our submission, Mr. Weinstein knows this is happening," said Alex Smith, a lawyer with the Toronto firm Henein Hutchison LLP. His client did not appear in court.
Smith said his firm attempted to deliver the notice to Weinstein's home in Connecticut after hearing reports that he was dining at a restaurant in the area. There have also been reports that Weinstein is in Arizona or somewhere in Europe, Smith told the court.
After initially rebuffing Smith's request to proceed without successfully serving the notices, the judge overseeing the case later said that enough of an effort had been made, and the case can now move forward with "substituted service," which loosens the usually strict requirements for serving papers to a defendant.
"She does not trust Mr. Weinstein to do the right thing in the meantime," Smith said of his client.
The actress has also identified Disney and Weinstein's former studio Miramax in the lawsuit. Both companies have been successfully served notice, and a lawyer for Miramax attended court on Monday.
Weinstein's representative Sallie Hofmeister has said Weinstein denies all allegations of non-consensual sex.
The case will be back in court on December 1.