Several questions remain unanswered after the dismissal of the $8 million lawsuit filed by a woman who accepted $50,000 from Montreal billionaire Robert Miller, implicitly waiving any recourse against him. A lawyer hopes that the Court of Appeal will clarify the situation.
“I think it would be very useful for the Court of Appeal to look into this case,” underlines the general director and founder of Juripop, Sophie Gagnon.
Tuesday, The Press reported that the Superior Court had dismissed an $8 million lawsuit filed by a woman alleging she had a sexual relationship with Robert Miller when she was a minor.
In his decision, Judge Marc St-Pierre argued that the plaintiff had previously accepted $50,000 from the billionaire, implicitly waiving any future recourse against him.
Implicitly, because the plaintiff never signed the release in which she was to commit to such a condition. However, the fact that she left with the envelope indicates that she consented to it, according to the judge.
The woman’s lawyers have since announced they will appeal the decision. For Sophie Gagnon, the case raises an “important to clarify” legal question.
“Can a vulnerable party, such as a victim, tacitly consent to a release through their behavior alone? “, she maintains.
If this is the case, the lawyer recalls that victims of sexual violence are vulnerable people, and that their behavior can be affected by the trauma they have suffered.
“When victims return to their story, when they see the people who were involved in the events, this can give rise to a whole range of behaviors,” including disorganization.
“The person can take actions that seem irrational, that are difficult to understand,” she says.
A decision that does not bind all victims
Could other women find themselves in the same situation as the complainant?
Robert Miller’s lawyer has already stated that several women had contacted the businessman’s representatives directly to reach an agreement with him.
“My fear is that a decision like this falsely suggests that any situation similar to this will lead to the same result,” says M.e Gagnon.
“It is important to mention that the decision that was rendered does not bind all of the other victims. Each victim can try to assert these rights, even if they have engaged in similar behavior,” she argues.
Victims often poorly advised
Negotiation can be an interesting avenue for victims, notes Sophie Gagnon. “It allows them to put an end to a legal process which is long, which is uncertain, which is costly”, she lists.
However, this decision “illustrates the importance of victims being supported when they renounce their rights”.
Because it still happens too often that they are poorly advised during the negotiation process.
As a result, “they will often give up their rights too easily or accept amounts that are too lower compared to what they would be entitled to in court,” deplores M.e Gagnon.
In February 2023, around ten women alleged in a Radio-Canada investigation that they had had sexual relations with billionaire Robert Miller in exchange for money. Several claimed that they were minors at the time of the events.
Threatened with class action, Robert Miller has always denied the complainants’ allegations against him.