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A Court of Queen's Bench justice has ordered a Winnipeg man to return any sexually explicit pictures of a prominent Manitoba judge to her husband.
Justice Joan McKelvey ruled Thursday that Alex Chapman must immediately return “all documents, emails and photographs” ever sent to him by Winnipeg lawyer Jack King.
McKelvey's ruling also compels Chapman to ask that any of the material held by someone else be returned. He is further forbidden to distribute them to anyone else.
The photos show King's wife, Associate Chief Justice of Manitoba Court of Queen's Bench Lori Douglas, naked and in various forms of bondage, with sex toys and performing oral sex.
Another hearing will be held next Sept. 9.
On Wednesday, Chapman filed separate lawsuits against King, Douglas and a Winnipeg law firm Thompson Dorfman Sweatman where the couple were once partners.
In the statements of claim contained in the lawsuits, which are seeking $67 million in damages, Chapman claims he was harassed and suffered emotional distress when he was pressured to have sex with Douglas in 2003.
Chapman, who is black, alleges King pressured him to have sex with Douglas while he was handling his divorce and directed him to check out pictures of his wife posted on a website dedicated to interracial sex.
McKelvey also ruled that Chapman must not tamper with his computer or delete any emails regarding the materials.
Chapman maintains that he never had sex with Douglas.
Photos of Douglas were removed from the website in 2003 but Chapman still has copies.
King's lawyer, Bill Gange, argued at Thursday morning hearing that his client fears Chapman will take those copies and disseminate them on the internet.
He asked for and won the court order for Chapman to return all copies of the photos, as well as emails and voice mails related to the case that he has in his possession.
The order compelling Chapman to ask anyone in possession of the materials to return them may trigger more litigation.
Should any of those parties not comply, Gange can file separate motion asking the courts to compel them to return the material.
Chapman had filed a complaint to the managing partners at Thompson Dorfman Sweatman after his divorce proceedings were concluded. Soon after receiving the complaint, King left the firm.
He also paid Chapman $25,000 cash in return for a promise that legal action would not be taken against King and his partners.
As part of the settlement, Chapman was required to not speak about the matter and to destroy all emails, photos and other materials sent to him by King.
In a recent interview with CBC News, Chapman said he signed, but kept the material.
He also complained about Douglas to the Canadian Judicial Council (CJC) in July.
However, Chapman told McKelvey Thursday that the CJC hasn't yet received the documents and pictures, meaning the council would have to fight in court to obtain them. As such, the complaint investigation will be delayed. To what degree is unclear.
He also filed a complaint against King that same month with the Law Society of Manitoba, providing the materials in that instance as well.
Judge asks to be temporarily relieved of duties
Douglas, who has declined to comment, saying it's a private matter, remained a partner at Thompson Dorfman Sweatman until 2005, when she was appointed to the Manitoba Court of Queen's Bench.
She has requested to be temporarily relieved of her duties as a sitting justice of the province's Court of Queen's Bench.
Queen's Bench Justice Marc Monnin said Wednesday that Douglas will “remain in her position in an administrative capacity” as the CJC investigates the complaint against her.
Douglas requested to be relieved “in the interests of the judiciary and of the court,” Monnin said in an emailed statement.
Norman Sabourin, CJC executive director, said Wednesday it would take about three months to complete an investigation into Chapman's allegations.
A chief justice from outside Manitoba will be charged with the investigation, Sabourin said, but if it's deemed serious enough, it could be heard at a public inquiry.
CBC News
