Law Times

Law Times • June 24, 2013 Page 3 NEWS Associate's claims 'scandalous,' lawyer responds in dismissal case BY YAMRI TADDESE Law Times A Toronto family lawyer facing a $2-million lawsuit launched by a former associate accusing her of wrongful dismissal is calling the allegations "scandalous" and an "abuse of process." "My client's view is that the allegations in the statement of claim are utter nonsense, the plaintiff has made them knowing she had an absolute privilege concerning false statements set out in the statement of claim, and she knows that her claims cannot be supported," Melvyn Solmon, counsel for defendant Julie Hannaford, told Law Times. The plaintiff in the case is Golnaz Simaei. She worked as an associate at Hannaford's law firm until March 18, when she was "precipitously terminated by e-mail while returning from vacation," according to her statement of claim. She alleges the e-mail cited no reason for her dismissal other than a mention of termination "for cause." None of the allegations have been proven in court. A portion of Simaei's claim is for damages for "intentional or, alternatively, negligent infliction of nervous shock." The statement of claim details Hannaford's alleged treatment of Simaei, which included yelling, isolating her from clients and other employees, and at times dictating her correspondence with others. In 2009, Simaei says she resigned from her role after an office clerk and her boyfriend were "permitted by Hannaford to bully and harass" her. The boyfriend, who was an office manager, sexually harassed, threatened, and videotaped Simaei, according to the statement of claim. "When the plaintiff resigned, Hannaford cried over the phone, pleading for the plaintiff to change her decision," Simaei's statement of claim alleges. To persuade Simaei to return, Hannaford acknowledged that the firm was a toxic environment and "she promised that she would personally obtain counselling and training if the plaintiff would only return," according to the statement of claim. Simaei eventually returned to work. In response to the allegations, Solmon says his client is moving to strike "a significant portion of the statement of claim." He called the claim "scandalous" and said the allegations "constitute a severe abuse of process." "Only after the court's decision concerning the motion will my clients be able to deliver an appropriate statement of defence in reply to a much-changed statement of claim," he added. "At present, the statement of claim is, as a Hannaford's employment at Borden Laden longest-standing associate and employee, Gervais LLP and created difficulties for her resigning." matter of law, incomprehensible." Several e-mails from Hannaford folHannaford wasn't able to file a full de- there, and was at least a factor for her defence because the plaintiff 's lawyer didn't parture in 2006 from that firm," she further lowed the dismissal, according to Simaei's statement of claim. They accused Simaei, provide documents mentioned in the alleged. Simaei also accuses Hannaford of creat- it alleges, of stealing Hannaford's e-mails; pleading in a timely manner, adds Solmon, who notes the current defence in the court ing conflict between her and others at the threatened to make a complaint against her with the Law Society of Upper file is a temporary one. In the temporary defence, Han- Only after the court's decision concerning the Canada; and faulted her for theft of property. naford denies Simaei's claims, calling motion will my clients be able to deliver an The property in question included them "irrelevant allegations." a laptop, iPhone, and iPad that Simaei "The defendants state that the stateappropriate statement of defence in reply took more than a week to turn over ment of claim is an improper pleadto a much-changed statement of claim. while negotiating the return of her ing, containing scandalous allegaown property, according to the statetions, frivolous and vexatious claims, evidence, unsubstantiated causes of action firm. This went as far as dictating antago- ment of claim. Hannaford also mentioned the loss of and irrelevant allegations," the statement of nistic correspondence to others and making Simaei send them against her wishes, property in her defence. "The plaintiff did take defence, signed on May 30, asserts. "The pleading is an abuse of process and according to the statement of claim. "Han- and refused to return property of the firm," naford's behaviour was frenzied on some the statement of defence alleges. "The plaintiff was designed to intimidate." Hannaford opened her own family law occasions, but her mood would then pre- also demanded firm property, improperly." The $2-million claim includes dampractice in 2006 after leaving Borden Lad- cipitously reverse. Hannaford was often in ner Gervais LLP. Since she opened the law an inexplicable bad mood with the plaintiff ages for wrongful dismissal, infliction of firm, at least 33 employees resigned or were for no discernable reason, without any pre- nervous shock, and defamation as well as moral and aggravated damages. According terminated, "virtually all because of Han- dictability." According to Simaei, Hannaford dis- to Solmon, the court will make a determinaford's abuse," Simaei alleged in the statemissed her to avoid dealing with "the em- nation on the motion to strike part of the ment of claim. LT "The same pattern characterized barrassment of the plaintiff, [the firm's] statement of claim in December. ONTARIO LAWYER'S PHONE BOOK 2013 YOUR MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. 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