Burden of Truth (2018–…): Season 1, Episode 10 - Cause In Fact - full transcript

Previously on Burden of Truth...

Southvale Farms, you gotta go back.

Take a closer look.

I'd like to depose you.

Have you sign an affidavit

so that we can use it in court.

You want me to go on the record?

I came here to let you know

that Luna and I are fine.

- I think that's good.
- He's told so many lies.

I just need to find the one



that will trip him up.

- Ask your mother.
- Yeah, I haven't heard from her

in over a decade.

I just need to ask you a few questions

about the purchase of Matheson Steel.

It's for an important
case we're working on.

There's something in
here you need to see.

This is from Alison Shepperd.

Derek's been offered a job in Winnipeg.

It looks like I might be moving.

You might actually have a case

against Matheson Steel,

but you don't have a
case against P and L.

- Someone poisoned me.
- Sweetheart, I would never hurt you.



We're filing a motion

for a summary judgment
on your claims against P and L.

If you don't have a case
against the parent company,

then we're done.

Look who's back on the job.

- How's the head?
- Good as new.

Did it have anything
to do with our case?

It was time for me
to pick a side anyway.

So, what can I do for you?

How does somebody
just abandon their kid?

David Hanley.

It takes more than biology
to make a dad.

Now, I'm speaking from experience.

I didn't grow up
with my bio dad either.

At least you had a stepdad.

Hey, what am I? Come on.

Just because me and your
mom didn't work out,

doesn't mean that...

What?

You've grown on me, String Bean.

- I have?
- Yeah. Like a fungus.

Shut up!

You are the best dad I never had.

I'll take that.

So...

is it true that Ms. Evans is leaving?

That's what I heard.
It's a loss for the school.

Come on.

The town's small and I'm not an idiot.

Of course I know.

Yeah, no relationship advice from kids,

thank you very much.

I am 18!

I gotta go.

Luna.

You have to face him.

Even if it hurts.

No power. No heat.

I'll handle it.

It must just be a mixup.

They don't usually cut off the services

'til after your third warning.

I haven't been entirely honest with you

about our finances.

I know. They're messing with us.

You think CTS did this?

I used to... call in fake gas leaks.

It's all about disruption.

Well, they set out to bankrupt us,

and they're doing a pretty good job.

Good news is

I won 25 bucks playing the lottery.

They're keeping us busy
fighting motions.

There is always the letter
from Mayor Shepperd.

I don't wanna go there.

Wow.

Back in the day,

this was the old five and dime.

I never saw it as a lawyer's office.

But it's nice.

You know, it's... humble.

- What do you want?
- Come on, you must have known

I was going to file
for summary judgment.

Another obvious procedural hurdle,

one that's beneath you.

You won't win your case

against P and L, but we've

prepared to make you an offer.

The girls split one million,
paid out over five years.

- No way.
- Ben will keep his promise

to clean up the field,

and the girls will get cash to help

cover their medical bills.

Of course, we'll require
full confidentiality.

Joanna,

you're sitting in the dark.

How can you possibly survive a trial?

This is a gift.

Take it.

We do not accept it.

The girls won't get
a better offer than this.

You need to do
the right thing for them.

We'll present it to our
clients and get back to you.

I was thinking
about all the extra hours

I spent working,
trying to save up for this car.

All the plans we had for it.

Get out of Millwood.

- Go to school.
- See the world.

I'd start with an ocean.

18 years and I've never seen an ocean.

You don't need to sell the car.

I need the money.

The Mill filed the motion
to end the case.

It could be over, right?

If we don't get a settlement,
then the money

from this car is all I've got.

I have to accept the fact

that my future is... right here.

You're gonna study sports medicine.

We need to accept that I'm not.

What about the clinical trial
for brain injuries?

Molls, it seems promising.

The doctors are in Winnipeg.
You're in Montreal.

- Then I'll transfer.
- You're not giving up Montreal!

It's Billy.

There's an offer.

I have good news, Taylor.

P and L is making an offer to settle.

That's good. Your friends
will get some money.

- How much?
- More than they'd get at trial.

The thing is, Crawford is gonna
try to drag this out

as long as possible.

Yeah.

I think it's just best for all of us

if we put it behind us.

I'm not a part of the...

I'm not a part of the suit anymore.

I know, honey.

But the other girls trust you.

Hey, they do.

They know you've been
put in a difficult position.

And they know that you're smart

and honest.

So do I.

If you tell them to take the offer,

they'll take that seriously.

OK. I'll talk to them.

That's my girl.

If you apologize to the girls
and their families.

Dad...

they just want someone
to take responsibility.

Taylor, if it wasn't for me,

the Mill would've closed.

There would be no Millwood.

Those are my terms.

Apologize, and then
I'll talk to the girls.

Time to decide.

Now, we can do this by secret ballot.

We should know where everyone stands.

OK.

Well, obviously it isn't
an ideal offer,

but it's something.

And it's your offer...

so it's up to you.

Who votes yes to accept the offer?

You guys, we could end up with nothing.

We're getting almost nothing.

- What's the difference?
- The difference is getting out of here!

You're not the only one who
wants to get out of Millwood, Molly,

and that offer is not
gonna take you very far.

- So, majority rules?
- Three to one.

OK. We move forward.

Can I help you?

I know you're my dad.

You have been misinformed, young lady.

DNA says otherwise.

Let me guess.

You tested your DNA with my daughter's?

Sibling DNA tests are inconclusive.

It proves nothing.

Why are you here?

What do you want from me?

What do you want?

- How about acknowledgement?
- It's a lie.

Your family is using you.

They're playing on your emotions.

Joanna's my sister. I know it.

Somebody knocked your mom up, kid,

but it sure as hell wasn't me.

I hate him.

I know you do, baby.

Welcome to the club.

- Why doesn't he want me, Mom?
- Hey...

He doesn't deserve you.

I wish Owen were my dad.

I know.

I'm sorry.

- Dad?
- Taylor.

Dad, it's just me.

There's no courts
and there's no lawyers.

I'll never say anything.

I'll forgive you

if you just tell me
the truth just once.

Taylor...

You always wanted me
to go off and study.

Come back, and...

take over the Mill.

I just did chemo, Dad,

because of Matheson Steel.

No. My Uncle Walter had leukemia.

It runs in the family.

I'm coming to court.

- Taylor, that's not a good idea.
- I'm between treatments, Dad.

The doctors are saying
that you need your rest.

I feel great.

And I need to be there.

And I can't go with you.

Taylor...

You asked about your dad?

This should tell you
everything you need to know.

Do the math.

You can use it.

After Matheson testifies,
we'll call you to the stand.

It's very important
you answer our questions

specifically and clearly,
and that's it.

Keep your answers as short as possible.

The less you say,

the less it gives the opposition.

Nate, we agreed to this.

I agreed to sign an
affidavit to help you.

We go to court tomorrow.

You can't back out now.

Billy, I gotta live here.

Look, once we expose what happened,

people will change their minds.

Nate, Matheson Steel poisoned our town.

- We can subpoena you.
- Joanna...

He'll show up.

Your Honour, in order
to expedite these proceedings,

the Defence requests
a bifurcated hearing.

We ask that court to address
the issue of whether

there is a case against
the parent company, P and L.

Opposing counsel has offered
no proof of liability.

And if there is
no case against P and L,

there is no need for testimony
about causation or damages.

We intend to prove that
Matheson Steel engaged

in a systematic scheme
to dispose of toxic waste

with the full knowledge of P and L,

their parent company,
making them fully liable.

The toxic waste product

is the cause and fact of the symptoms

suffered by our clients.

It doesn't matter
what order we do this in.

We'll proceed on the issue of liability

of the parent company.

Call your first witness.

We call Ben Matheson to the stand.

According to your filings,
your expenditure

for toxic waste disposal
has remained consistent

year after year.

It's a good company, and I run it well.

But your steel output keeps increasing,

so how does your waste
remain consistent?

Efficiencies.

We pay for a company,
Secure and Collect,

to dispose of everything
safely and legally.

So under oath,

you are telling this court

that you never disposed
of any toxic waste,

knew of the disposal of waste

or ordered the disposal of waste?

- I abide by the rules.
- So your answer is no.

I've never dumped a thing.

We call Nate Dawson to the stand.

How long have you
worked at Matheson Steel?

About 25 years.

And in that time,
do you know if toxic waste

was ever disposed of illegally?

- Yeah.
- How do you know?

Because I did it.

Can you be more specific?

About three or four times

a year, there'd be more barrels.

Uhm, we didn't produce much waste,

but they wanted a fortune
to get rid of it.

Where do they take it instead?

First, it was around Southvale Farms,

but look around Millwood,

drive 30 minutes in any direction,

and you'll find a place
to stick a barrel.

This is the sonar readout

from the area around Southvale Farm.

Those are the barrels from Matheson.

I thought they paid Secure and Collect

to dump that waste.

Secure and Collect is
just a front company

to funnel money.

Matheson Steel pays them
to collect the waste,

they dump it and pocket the money.

Who pockets the money?

Ben Matheson.

He's probably got money
hidden everywhere.

Check his mattress.

Did somebody order you

to dump those barrels?

Ben Matheson.

He also paid me an extra grand a month

to do it and keep my mouth shut.

Ben Matheson testified under oath

that he didn't know anything

about any illegal dumping.

Ben Matheson is a liar.

Order!

Did Ben Matheson ever mention P and L,

the parent company?

Yeah. He said they liked
what he was doing.

The mill kept making money.

And you understood that to mean that...

P and L knew what you were dumping

and they wanted it to continue?

That's how I understood it.
P and L knew.

Thank you.

You dumped waste

from Matheson Steel

all over Millwood on a regular basis?

- Yes.
- You buried it?

- Yes.
- Did you ever receive

orders from P and L Head Office?

No.

Did you ever speak to anyone
at P and L? Ever?

- No.
- Did Ben Matheson tell you

at any time that P and L knew
what you were doing?

- No.
- So your orders

came directly from Ben Matheson

at Matheson Steel?

- Yes.
- OK.

According to company records,
you earn...

$42000 a year,

so that extra grand every month

must've come in handy.

Sure.

Sure. That extra $12000 a year,

that's quite a bonus.

And how long did you
say this was going on for?

About five or six years.

In your divorce settlement,

a sworn court document,

you didn't include that bonus

in your financial statements.

I guess I just have
one question for you.

Were you lying to the family law court,

or are you lying to this court?

Which is it?

You're overreacting.

Look, it wasn't that bad.

He contradicted Ben Matheson.

He identified the barrels
in the ground.

They impeached his credibility.

It wasn't fatal.

Stop!

Please...

Look, we've been through those boxes.

All of them.

The thing you're looking for,

the document that says
P and L knew, it's not in there.

Let me see the letter.

We have to talk to the mayor.

She threatened to expose him.

Said she'd kept things.

You don't think that's
worth a trip to City Hall?

I can't talk to another one.

Another one of my father's girls.

So let me do it.

- It's late, Billy.
- This'll only take a minute.

I know you haven't supported our case.

I can't take sides.

All due respect,

you have taken sides.

Watch your tone there, Billy.

This isn't about the girls...
or the Mill.

This is about Millwood against P and L.

Us against them.

Those barrels we found
at Southvale Farms...

How long do you think before that's

in the town's drinking water?

On your watch.

I don't know what you want me to do.

You worked for David Hanley.

For a couple of summers.

I was a college student.

The relationship didn't end there.

You threatened to expose him

unless he left his wife.

You kept documents

to protect yourself.

You don't know
what you're talking about.

- It's time for you to leave.
- We need you!

I get it.

Us against them...

and you're choosing them.

I helped vet Nate...

to find out what the other side
might discover.

- I didn't find that.
- It's not your fault.

- I let everyone down.
- No, you didn't.

You're 18. You're not a lawyer.

I just realized something.

You suck at pep talks.

You wanna hear the truth, right?

I'm gonna enroll
in the clinical program

to see if they can help me get better.

So, we're moving to Winnipeg.

Sweet. Go, Goldeyes.

No, Luna. You have to go to Montreal.

I'm not going without you.

OK. Can we just,

for a second, forget about the Benzene

and the twitching.

You've talked about Montreal for years.

You learned French.

You have to go.

I love you.

I know.

And we have cell phones.

And we have videochats.

And... you can write me letters.

Longdistance?

You have to follow
your dreams and have faith

that we'll make it.

Believe in us.

If we lose the motion,
we can appeal it.

It just... gives us time
to find new evidence.

I should never have come to Millwood.

- Come on.
- If I hadn't come,

my father wouldn't
have gotten involved.

CTS wouldn't have dropped the hammer.

I brought this on them.

If you hadn't come, we never
would have found the barrels.

Girls would still be getting sick.

We didn't make a mistake
taking this on.

We tried.

We were ambitious.

Plus, you got to come home for a while.

David Hanley.

You again.

On behalf of Molly Ross

and the girls of Millwood,

we are calling you
as a material witness

in the case against P and L.

You've been served.

P and L was a client and they
were looking for acquisitions.

I grew up in Millwood.
I knew the Mathesons.

I thought I could
negotiate a good price.

And what was that price?

I don't recall.

I do a lot of deals.

This is a copy of
the Purchase and Sale Agreement.

Can you read the purchase
and sale price?

- It's on the first page.
- 28 million.

And can you read the liability clause?

The standard clause for
when the buyer assumes liability

for any future lawsuits.

You know it isn't in there.

It's boilerplate.
It doesn't have to be there.

It was a rushed deal.

I'd like to enter
into evidence a draft copy

of the purchase and sale agreement.

Objection. We don't know
the source of that document.

This document was
withheld from us in discovery.

Proceed.

Thank you.

Is that a draft copy of the
Purchase and Sale Agreement?

Yes, it is.

And those are those
your notes in the margin?

- Yes.
- Is there a liability clause?

Page three.

Yes.

So, before you said
that it was standard

and it didn't need to be in there,

but it was there.

So it was removed?

Yeah. Yes.

What's the sale price?
It's on the front page.

- $30 million.
- So it dropped $2 million.

Was that the price of removing

liability for any lawsuits?

This is a draft, and you can't
draw any conclusions.

We have the sale of a mill.

And it looks like the price dropped

just before the final deal
in exchange for looking

the other way on liability.

The kind of liability
for dumping toxic waste.

Objection, speculation.

Withdrawn.

P and L knew the entire time.

It kept Matheson Steel profitable.

- Objection.
- Withdrawn.

There's a note in the margin

next to the liability clause.

Can you read that?

Would you read what is
written in the margin?

It's a simple question, Your Honour.

The Defence requests a recess

in order to study this document.

No. He has to answer the question.

What is written in the margin?

- We're owed more time.
- "Barrels."

- Counsel...
- In the notes

for future lawsuits, it says "barrels."

Counsel, you are out of order.

This court is in recess until tomorrow.

The Witness may step down.

No. You can't excuse the witness.

He has to answer for this!

My clients are willing
to increase their offer.

- We're listening.
- They'll double it.

500 grand for each girl
paid out over 10 years.

No.

I'm sure your clients
would want to hear it.

We want you to clean up the dump site.

And we want
a $1 million fund for future cleanup.

And $2 million each per girl.

Hey, you wanna go to trial,
that's fine with me.

The only people in a class action

who are guaranteed to win are
the defence lawyers.

My clock's running. What about yours?

Agree to our terms...

or here's what's gonna happen.

We're gonna go back
into that courtroom...

and I'm gonna ask you about this.

Go back to your client

and sell them on our settlement offer.

You make them take it.

Otherwise, I will
introduce that into open court.

That's how it's gonna be?

What was that?

It's Gerrilyn's birth certificate.

When Luna was born,

when she and my dad were together,

Gerrilyn was underage.

- Thank you.
- No problem.

Hello, Diane.

Hi, Owen.

I... saw you come in here.

- Just getting dinner.
- Yeah.

Hey...

I'm not going to let Mercer win.

- You need to be careful.
- Nah... I've been careful.

It almost got me killed.

I'm blocking you

from leaving.

It's a gesture,

I'm not letting you leave Lucy's,

and I'm not letting you leave Millwood.

It's really complicated.

No. You love your job and the school.

I'm not looking
to let you give that up.

Owen, what is this about?

You don't have to leave

because it's hard.

I can help.

You need a support system.

And I can be in that equation.

You have to let me meet your kids.

Good morning. Please be seated.

The court has in front of it today

a proposed settlement agreement.

P and I will clean up the dumpsite,

and will provide an additional

$1 million fund for future cleanup,

and a $2 million payment

to each and every plaintiff.

Counsel, what is your answer?

Your Honour,
as to the proposed settlement...

my client agrees.

The court approves the
settlement agreement

and we bring the matter

of Molly Ross v Matheson Steel
to a close.

Court is adjourned.

P and L cut me a deal.

I get a bonus if I keep the
settlement under 20 million...

so I'm gonna make more money
on this thing than anyone.

Well, aren't you clever?

Hey. Two beers?

Two million!

That's for medical bills,

and if anything else
comes up in the future.

But we just get it?

Like, in cash? In our bank accounts?

No, you don't just get it
like a big bag of cash.

It's structured.

We're gonna help you
organize everything.

Thanks, Mr. Crawford.

We wouldn't have won this
without you, Molly.

Case MVP.

- Here's to you!
- Cheers!

You two make a pretty good team.

Yeah. The perfect combination.

- Oil and water.
- Come on.

You can't tell me
you haven't thought about it.

- We were busy with the case.
- OK. Well...

the case is over.

Hey.

I'm not afraid of him anymore.

Luna's of age. He can't
take her from me.

It's time he got what's coming to him.

You don't think I should.

No, you should.

But he won't go to jail.

He will find a way out.

And you're gonna have to relive this

all over again.

Our legal system is built

so that people like my father...

get away with everything.

Excuse me.

So, the case is over.

Does this mean you're leaving?

Right. I get it.

I don't think that sisters

have to stay together all the time.

I think they can go out and...

and live their lives,

knowing that they're
always a part of each other.

Well, I wasn't planning
on being your assistant forever.

I have big plans.

Can I buy you a drink?

I just came into some money.

They can shell out millions
for a settlement.

An apology... costs them nothing,

but my dad still won't say it.

Not even to me.

An apology is easy to give

when it means nothing,

and so hard when it actually matters.

Taylor, I...

I wish I could have
done something for you.

I'll be fine.

You know how hard it is
to make cheer captain?

Cancer's a cinch.

My dad always had to win.

In every case,

in every conversation.

But at some point,
you have to take the leap

and decide what's right for you.

And sometimes, that means walking away.

You ran away.

The case is over. I should go.

Get out your way.

Where are you going?

I thought all the case files
should be in the same spot.

Here.

Hey, um...

About our fee, you need to tell
me where to send your half.

Just give mine back to the girls.

Come on. You earned it.

I don't want it.

Joanna...

Joanna, you can stop running.

People love you in Millwood.

OK, look. Not everybody.

Some people.

The right people.

You're quirky, and you're weird,

and...

you're a lot of work sometimes, but...

I know you like it here.

Except for a few bumps
at the beginning,

we made pretty good partners.

Yeah. It wasn't a great start.

All that matters is the finish.

We have complimentary skillsets.

Nice cop,

weird, uptight cop?

Exactly.

That's why it could work.

It could be Crawford Hanley.

Or...

Hanley Crawford.

Billy, I'm sorry.

I, um...

I got offered a job in Winnipeg.

I'm going to accept it.

So... that was a cryptic text.

I didn't wanna disappear a
second time without telling you.

So where are you going?

I took a new job.

It's close to my mother.

New job, new firm.

I hope it's not like CTS.

Yeah, it feels different.

Maybe you're just different.

You're saying goodbye this time,

so that's an improvement.

Did Billy ask you to stay?

I can't hang up a sign

with the name Hanley on it.

Not in Millwood.

You are not him.

It was never on you

to pay for his sins.

Diane, I didn't come here
to say goodbye.

We could keep in touch.

Even better.

By phone. I don't have
any social media.

Really, you don't? That is shocking.

OK. Moment of truth.

East or west coast?

Um... which one's closer?

I think we're right in the middle.

OK, which one has a better ocean?

They're both great. Very different.

I'm more Pacific.

Spiritual, loving and mysterious.

OK.

You're Atlantic.

Strong, determined and beautiful.

- Let's see your ocean first.
- OK.

Wait! You forgot something.

What?

The best part about road trips.

Let's go.

Good morning. Crawford and Associates.

Yes, we did handle
the Millwood steel case.

All right. Well, um...

Why don't we set up a meeting

and my associates and I
can look into it?

No. No case is too big for us.

Steadman Lavery.

I'm a new partner. It's my first day.

And your name?

Chang. Joanna Chang.