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'Nobody wins': McCain heiress ends court battle without annulment — but won't pay $5M to ex-husband

Eleanor McCain did not get the annulment she sought after claiming her estranged husband 'tricked her' into marriage

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It was a near two-year court battle between an heiress to one of the country’s largest fortunes and one of the most prominent executives in the Canadian culture industry, with allegations of everything from fraud and sexual harassment to shunning their stepchildren and conducting smear campaigns against each other.

And it ended, quietly, in a stalemate. 

On Dec. 14, an Ontario judge ordered a divorce between Eleanor McCain, daughter of Wallace McCain, a co-founder of the McCain Foods empire, and Jeff Melanson, the former head of the Toronto Symphony Orchestra. McCain did not get the annulment she sought after claiming her estranged husband “tricked her” into marriage, and though Jeff Melanson did win an undisclosed settlement, it wasn’t the $5 million their prenuptial agreement called for. 

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“Nobody wins in a case like this where there’s so much conflict and media attention,” said Melanson’s lawyer Harold Niman, who added that his client was “pleased” with the settlement. “Peoples’ lives are put on the front pages of newspapers and very personal matters are revealed that most people keep to themselves.”

Eleanor McCain, daughter of the late Wallace McCain and the McCain’s brand empire leaves Toronto’s 393 University Avenue Courthouse, in September 2016.
Eleanor McCain, daughter of the late Wallace McCain and the McCain’s brand empire leaves Toronto’s 393 University Avenue Courthouse, in September 2016.  Photo by Peter J. Thompson / National Post

McCain and her lawyer would not comment on the settlement, but a spokesperson directed the National Post to a Nov. 23 Facebook post where McCain wrote what she was thankful for on American Thanksgiving. 

“I’m thankful that today I closed a trying chapter of my life — even though taking the high road had a cost,” McCain wrote. “There comes a point when you realize precisely who matter and who never did, who won’t anymore and who always will.”

McCain, a singer and songwriter, filed for an annulment on March 2, 2016 to end her marriage to Melanson after only nine months. Melanson resigned from his role at the TSO only weeks after McCain accused him of having sexually harassed multiple employees at a past job with the Banff Centre in Alberta. Melanson, she said, ended the marriage in January 2016 “through a self-serving email.”

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The arts mogul replied by filing for divorce in documents where he accused his estranged wife of being an “angry person with extreme wealth and incredible amounts of rage” who uses her wealth to “buy opportunities for herself” in her singing career. 

Even though it was obvious the two no longer wanted to be together, Niman said Melanson couldn’t agree to an annulment. If he did, he would’ve essentially agreed with the allegations McCain made. 

Jeff Melanson, the former President and CEO of the Toronto Symphony Orchestra, leaves Toronto’s 393 University Avenue Courthouse in September 2016.
Jeff Melanson, the former President and CEO of the Toronto Symphony Orchestra, leaves Toronto’s 393 University Avenue Courthouse in September 2016.  Photo by Peter J. Thompson / National Post

“He couldn’t let those allegations stand,” Niman said. “That’s the way a lot of those unfortunate allegations were made — in the context of an annulment claim. Without that claim, it would’ve been a run-of-the-mill divorce.”

For nearly two years, each side continued to fling allegations at the other — each more vexing and acrimonious than the last — before a trial was even close to being scheduled. 

First, McCain denied Melanson the $5 million in their prenup, saying it would “unjust enrich” the man she described as a “media whore.” Then, Niman himself became a central figure of the case as McCain sought to have him expelled from it. 

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Niman had previously been involved in three divorce cases involving the McCain family and had a history of success. In 2013, he won the largest spousal support award in history —$175,000 per month — while representing the ex-wife of Michael McCain, McCain’s brother. He also represented Greg David, McCain’s ex-husband, in their divorce. 

Harold Niman poses in his Toronto office on January 8, 2010.
Harold Niman poses in his Toronto office on January 8, 2010. Photo by J.P. Moczulski for National Post

McCain sought to have Niman, whom Melanson once described as a “nightmare,” disqualified because he held an “unfair tactical advantage” against the family. She argued that Niman would use “confidential” secrets obtained from a psychiatrist against her but a judge ruled there was no evidence to support that. 

Next, Melanson — himself a millionaire — argued he needed McCain to pay for his lawyers because he was broke and would be robbed of justice. This was after, as McCain’s lawyers pointed out, he spent six months taking road trips across Canada, the U.S. and Mexico. During this time, he accumulated $50,000 in credit card debt, court heard. In one year, he had spent an excess of $200,000 on retaining Niman and his legal team. At the time, Melanson was unemployed, he said, because media coverage of the case sullied his chances of landing a job.

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Eleanor McCain and Jeff Melanson’s marriage licence shows they are now divorced.
Eleanor McCain and Jeff Melanson’s marriage licence shows they are now divorced. Photo by Court files

McCain, who had a net worth of $365 million when she signed the marriage contract, was eventually forced to cover some of Melanson’s legal fees as well. But the squabbling continued as McCain’s legal team — which grew to include Marie Henein, who defended Jian Ghomeshi in his high-profile sexual assault case — continued to focus on Melanson’s income.

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Both Melanson and McCain underwent hours of questioning by the other’s lawyers and the case was set to head to trial in December. McCain had 10 witnesses prepared to speak at a trial about Melanson’s alleged use of a dating website during their marriage, the sexual harassment claims and her relationship with his children. According to documents, it appears her lawyers would have argued that the $5 million prenup should be set aside on the “basis of fraud.” Melanson only had four witnesses prepared to speak for him. The case was settled before that could ever happen.

In November, McCain wrote on Facebook that would now be able to “wake up with a clean slate.” Melanson will get the same, Niman said, despite what both parties had to go through to get there. 

“(Melanson) is relatively pleased with the result — not with the process and not with the pain that came along with the process,” Niman said.

• Email: vferreira@postmedia.com | Twitter:

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