(ATR) A judge in British Columbia has dropped a lawsuit againstex-Vancouver 2010 CEO John Furlong.
A man who accused Furlong of abusing him at an elementary school 45 years ago did not appear in court March 30, causing British Columbia Supreme Court Justice Elliott Myers to dismiss his lawsuit.
Myers called the conduct of the plaintiff from northern British Columbia "reprehensible and worthy of rebuke," and ordered the absent man to pay unspecified court costs.
The man had alleged in a September 2013-filed lawsuit that Furlong physically, sexually and mentally abused him while he was a student in 1969 and 1970 at Immaculata Elementary--a Burns Lake, B.C. Catholic day school for aboriginal children.
Instead of beginning the 18-day trial, lawyers for Furlong successfully argued against adjourning the trial to give the man more time to make his way to Vancouver.
In his verdict, Myers said the man "did not even attempt to prove his claim" and that he "should not be rewarded for ignoring the court process."
During a March 27 pre-trial conference, the man hung-up the telephone after telling the presiding judge, "Nobody's telling me where to be, not even you."
He represented himself after his lawyer, Jason Gratl, resigned the case without explanation in December.
William Smart, one of Furlong’s three lawyers and coincidentally a Munich 1972 middle distance runner for Canada, read aloud from Furlong’s affidavit in court.
In the statement, Furlong denied "ever physically or sexually abusing" the plaintiff.
"I do not dispute that he may have [attended Immaculata], but I do not recall meeting him," Furlong affidavit read.
The court heard recordings of four voice mail messages left for Furlong lawyer Claire Hunter in January from a man identifying himself as the plaintiff, calling Furlong an "old creep" and vowing to continue the lawsuit because of evidence he claimed to hold against Furlong.
"He's going to lose. You guys are going to look like fools," said the accuser in a Jan. 5 recording.
"I'm not joking about the pictures. I'm not joking about the witness. Once again, I'm not withdrawing."
Smart called the voice mail abusive and designed to intimidate Furlong.
"There are no photographs. There is no witness," he told the court.
Smart cast Furlong as "the real victim" after revealing that his client had suffered depression and had seen a counselor. His public speaking career dried up and he skipped Sochi 2014 for fear of distracting media from Canadian athletes.
Furlong remains executive chairman of the Vancouver Whitecaps, Rocky Mountaineer Railtours and Own the Podium.
The plaintiff was one of three northern B.C. aboriginals to file abuse lawsuits against Furlong, but none of the allegations were tested in court. Beverly Mary Abraham withdrew her lawsuit in December, citing stress from deaths and illnesses of relatives.
RCMP decided in 2013 not to recommend criminal charges against Furlong after investigating Abraham's complaint. Grace Jesse West’s lawsuit was dismissed in February for lack of evidence that she attended Immaculata.
Furlong did not take questions from reporters outside the courthouse, but said, "I'm very pleased that today is over, a very emotional day."
The 64-year-old sat through the hearing and left the courthouse with Renee Smith-Valade, the ex-VANOC communications vice president with whom he is listed as a co-tenant of a Vancouver loft. Furlong was scheduled to give a statement to the media at his lawyer's office on March 31.
Furlong's legal challenges are not over. Journalist Laura Robinson's defamation lawsuit against Furlong goes to trial in June.
Robinson’s September 2012 story for the Georgia Straight,headlined "John Furlong biography omits secret past in Burns Lake," contained allegations of physical abuse and inconsistencies in his post-Olympic memoirPatriot Hearts.
Furlong sued Robinson in November 2012, but has not scheduled a trial against her. In October 2013, Furlong dropped his action against the Georgia Straight, which still has the story posted online.
Written byBob Mackin
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