McCain Food heiress’ Upcoming Album Shouldn’t Delay Annulment Case, Judge Decides
A high-profile breakup involving a McCain Foods heiress and the former head of the Toronto Symphony Orchestra can’t wait for her to complete her new album and book, a judge has ruled.
Ontario Justice Carolyn Horkins wrote in her March 22 decision that Eleanor McCain “has done very little to move her application ahead†since March 2016, when she filed an application for an annulment from estranged husband Jeff Melanson, former president of the TSO.
McCain “has pursued a vindictive, time-consuming and costly approach to her application,†Horkins wrote.
McCain’s lawyer Donald Jack told the Star that his client has filed an appeal of the order. “We do not accept that assertion,†Jack said. “With the greatest of respect to Justice Horkins, we say that her decision was wrong.â€
Last month, Horkins ordered that a settlement conference take place by late June of this year. But McCain said she wouldn’t be able to meet that deadline because she wasn’t available until September as she is busy working on a project that celebrates Canada’s 150th anniversary.
The project, “True North: The Canadian Songbook,†for which McCain is the executive producer, is scheduled for release May 17, culminating in an album, book and documentary film.
“Between now and July 1, Ms. McCain is extremely busy with concerts, meetings, rehearsals in order to meet the deadline and complete the project,†McCain’s lawyer stated in a letter in February.
McCain also stated she’s been receiving treatment for chronic fatigue syndrome since September 2016. A letter she provided from her doctor stated that due to her ongoing project and litigation, she should “avoid the stress of dealing with both of these matters simultaneously.â€
Noting this was the first time McCain had brought up her medical situation, Horkins wrote that if she needs to reduce her stress and is unable to balance both her project and the annulment case, “then it is time for her to prioritize the application that she commenced.â€
The judge disagreed with McCain’s lawyer, who argued the situation was not time sensitive, because Melanson is unemployed. He left his job as head of the TSO last year, just 18 months into his five-year mandate amidst allegations of impropriety from his estranged wife.
“(Melanson) has every reason to be concerned with the future cost of this litigation,†Horkins wrote in a February order for McCain to pay $125,000 for his interim costs.
“He has had to borrow money from friends and family, use his line of credit and sell his condominium to access the net value. He is unemployed and cannot find a new job. (McCain) does not deny that she ‘has embarked on a vindictive path . . . and she will stop at nothing to ruin (Melanson) professionally and financially.’â€
Melanson is seeking a $5-million payment from McCain as outlined in their pre-nuptial agreement.
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