Just for Laughs founder Gilbert Rozon will be allowed to appeal a court ruling that limits the questions his defence can ask in his civil trial for sexual assault, Quebec’s highest court has ruled.
Court of Appeal Justice Martin Vauclair did not order the trial suspended, but he wrote in a short judgment on Tuesday that a final decision in the lawsuit would not be possible until the appeal is settled.
Vauclair said the decision to put the case on pause will be up to the trial judge. Rozon, 70, the founder of the international comedy festival, is being sued by nine women for a total of nearly $14 million in damages over allegations of sexual assault and misconduct.
A case management hearing for the lawsuit is scheduled on Thursday morning in Montreal.
Last week, Quebec Superior Court Justice Chantal Tremblay drew on new provincial legislation that limits the type of questions that can be posed to victims or witnesses in civil trials for sexual assault, as well as the evidence that can be introduced.
Her ruling was based on changes last year to the Quebec Civil Code that “provide for a presumption of irrelevance of proof based on myths and stereotypes recognized in criminal law.” The changes to the code restrict questions that suggest an alleged victim’s sexual past or their decision to stay in contact with an alleged abuser harms their credibility.
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The law was adopted days before the start to the high-profile lawsuit against Rozon.
Tremblay ruled that Rozon had failed to establish that such questions were relevant, leading his lawyers to launch the appeal.
His lawyers have said that Tremblay’s decision could limit his right to mount a defence against the allegations.
Rozon’s civil trial for sexual assault opened on Dec. 9. All nine women suing him have testified about their experiences and have faced cross-examination. The case has heard from dozens of witnesses who’ve backed up their allegations. Rozon’s lawyers have not begun presenting their evidence.
The case was scheduled to conclude at the end of March.
Rozon’s lawyers had sought a delay at the onset of the trial to get clarity on the application of the civil code changes, but Tremblay ruled that the matter could be dealt with during the trial.
The civil lawsuit is the latest in a winding legal battle that began as a class action but was converted into individual suits after a 2020 Quebec Court of Appeal ruling.
Also in 2020, a Quebec court judge found Rozon not guilty of rape and indecent assault connected to events alleged to have taken place in 1980 involving Annick Charette. Hers was the only complaint that made it to a criminal trial as the prosecution declined to press charges in 13 other cases.
