Lawsuit alleges woman harassed by chef at Manitoba resort where she worked as a teen

A woman who alleges she was sexually harassed and assaulted by a supervisor at a resort near Riding Mountain National Park when she was a teen has filed a lawsuit against the man she says assaulted her.

The woman was 15 at the time, and worked as a server at Elkhorn Ranch and Resort, where the man was a chef, court documents say.

She "worked under the direct supervision" of the man, the lawsuit says, and so had regular contact with him.

The statement of claim alleges the man "repeatedly and persistently beset, harassed and assaulted the plaintiff for sexual purposes," when she worked at the western Manitoba resort about a decade ago.

It alleges the man knew the plaintiff was 15 years old and took advantage of her vulnerability.

"It is difficult for children or teenagers to properly process these things at such a young age," the woman said in a statement to CBC News. CBC is not identifying her, or the man accused.

"Years later, I'm finally becoming the person I need to be and I need to speak out against this. People should be encouraged to come forward whenever they are ready," she said.

"I realized that the people involved in this case were not held accountable." 

Allegations denied

The lawsuit was filed in Manitoba Court of Queen's Bench last summer but in a statement of defence filed in December, the former chef denies assaulting, sexually assaulting or harassing the woman.

The woman had previously filed a formal complaint to police about the man's conduct. In 2013, he pleaded guilty to making indecent telephone calls to the plaintiff, court records show. He received a six-month conditional sentence served in the community. 

His statement of defence to the woman's lawsuit says he has had no contact with her since 2011.

Elkhorn Ranch and Resort Ltd. is also named as a defendant in the claim.

In its defence statement, Elkhorn denies liability for the man's alleged conduct and says the claim should be dismissed. The resort filed a crossclaim against the former chef, saying that if Elkhorn is found liable to the plaintiff, the man is bound to indemnify Elkhorn for any damages and costs.

The woman's lawsuit seeks an unspecified amount in damages, plus costs such as medical or health services under the Health Services Insurances Act of Manitoba.

It alleges the man's actions caused the plaintiff emotional distress, anxiety and depression, loss of self-esteem and inability to trust, and fear of men and male co-workers, among other harms.

None of the allegations in the lawsuit have been tested in court.

Menacing text messages alleged

The claim alleges that in addition to making unwanted verbal and physical sexual advances toward the plaintiff, the man made indecent phone calls to her, and sent her menacing text messages seeking to have sexual relations with her.

It alleges he physically assaulted her, and continued to harass and assault her despite her repeated protests and demands that he stop.

"[The man] used his position of supervision and control over the plaintiff in order to pressure her into having sexual relations with him," the claim alleges.

He acknowledges in his statement of defence that he occasionally exchanged text messages with the plaintiff at the time, but denies making any verbal or physical sexual advances toward her.

While the plaintiff alleges the chef was her direct supervisor, he also denies that, and "denies that he had any direct or indirect authority" over her, or over her employment status, her while they worked together.

He also denies that he worked regularly in close contact with her, and denies he otherwise had any regular contact with her.

Failure to provide safe workplace: lawsuit

The woman alleges the employer, Elkhorn Resort, was negligent in failing to respond properly to her reports of the harassment, and failing to provide a safe and respectful work environment.

In its defence statement, Elkhorn denies having any knowledge of harassment and assault by the man against the plaintiff at the time it allegedly occurred, and says that as soon as it was notified, Elkhorn "immediately suspended [the man], removed him from the workplace and ultimately terminated his employment."

The defendant, through his lawyer, declined comment. Management at Elkhorn Resort also declined comment.

"I'm not ashamed for speaking up. I hope my story inspires other sufferers to speak up and feel like they're not alone," the plaintiff said in her statement to CBC.

"I don't want anyone to feel alone. No one is alone. I see you, I hear you. And I want to encourage people to get the help they need and to be strong enough to come forward."