A hearing is scheduled in Brampton, Ont., court in the case of billionaire businessman Frank Stronach, who is accused of sexually assaulting 10 complainants. Stronach arrives at parliament for a TV discussion during national elections in Vienna, Austria on Sept. 29, 2013.Matthias Schrader/The Canadian Press
Legal efforts by Frank Stronach’s granddaughter to obtain a court order for any human-resource complaints at the family business concerning alleged sexual harassment by her grandfather have been dismissed by an Ontario Superior Court judge, who said her request amounted to a fishing expedition.
The decision follows a court hearing where Selena Stronach argued that the documents were relevant to her continuing lawsuit against her aunt, Belinda Stronach, and former chief executive Alon Ossip, for allegedly distributing the family fortune in an uneven way. Any settlements would be further evidence of the mismanagement of corporate assets, which effects the family trust of which Selena Stronach is a beneficiary.
Justice Peter Osborne ruled that the motion was “at its best, speculation” as there was no evidence that the documents existed. He added that the time frame of Mr. Stronach’s alleged sexual misconduct did not overlap with the time periods when Belinda Stronach or Alon Ossip were in positions of power in the Stronach Group, or when Mr. Stronach was involved in the corporation.
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The court said the motion was a tactic to delay the coming civil trial, which starts on Sept. 9.
“I look forward to proceeding with the civil trial as scheduled in the actions of Selena and my brother, Andrew Stronach, and to resolving this difficult chapter,” said Belinda Stronach in a statement to The Globe and Mail.
Selena Stronach’s lawyer, Matthew Gottlieb of Lax O’Sullivan Lisus Gottlieb, declined to comment because of the continuing litigation.
In court on Aug. 8, Mr. Gottlieb emphasized that their opponents did not deny the existence of settlement documents, suggesting that this might point to their existence.
Justice Osborne said this shifted the burden of proof onto the responding parties.
“The allegations made in the criminal proceedings against Frank Stronach are extremely serious,” said Justice Osborne. “However, the allegations made against the Defendants here, particularly against Belinda and Ossip, are also serious.”
“In my view, allegations such as those proposed to be made here need not ultimately be proven to be true in order to be embarrassing or constitute an abuse of process.”
The 91-year old Mr. Stronach is facing 13 charges involving 10 complainants, including rape, indecent assault, sexual assault and forcible confinement. He is the founder of Magna International MG-T, a parts manufacturer for auto makers. The incidents are alleged to have started in the late 1970s and span more than 40 years.
None of the allegations against Mr. Stronach have been proved in court.