Burden of Truth (2018) s01e09 Episode Script

1 Previously on Burden of Truth 23 barrels in the field, and we still can't tie it to Matheson Steel.
But our whistleblower can.
You want me to go on the record? Joanna said that we're not suing you.
- We're suing the Mill.
- I am the Mill.
We all have ends we gotta meet.
You keep this conversation going, I'll show you where you meet your end.
I don't understand.
I have cancer? She said opposing counsel called the meeting.
If it wasn't you, then who did it? I did.
Joanna Hanley is hereby disqualified.
You've done a fabulous job of getting us this far.
I'll take it from here.
That's unnecessary.
I've got everything under control.
[GRUNTING.]
Thanks, guys.
What is going on?! Grab a box and get comfortable.
What's all this? The Mill has been compelled to show us their files, so they cooperate by burying us.
I thought we were prepping Molly today.
We are.
We have to do both: prep Molly and find the needle in the haystack.
Easy, right? If only we had our third musketeer.
Shouldn't we have heard from her by now? She'll reach out as soon as she gets her ruling.
So what's the needle? Anything relating to the parent company: e-mail transcripts, memos, board minutes.
We have to show that P and L knew the illegal dumping was taking place.
Are you kidding me? Oh, yeah Anything that's been redacted, we have to petition the court to have it unmasked.
- Every time? - Every time.
Welcome to discovery.
[THEME MUSIC.]
Before me today is the conflict of interest matter for the prosecuting attorney of Ross v.
Matheson Steel.
Ms.
Hanley, you better have one hell of an explanation for yourself.
During my time as lawyer at CTS, I did not work on Matheson Steel files, nor did I do any work substantially related to the matter before the court.
There is no conflict.
Furthermore, the Defence failed to bring their complaint in a timely manner.
By failing to bring their complaint, they have effectively waived their objection.
Use it or lose it.
Counselor Hanley.
[BOTH.]
: Yes, Your Honour.
Counselor David Hanley.
Why the delay in bringing this to my attention? I wasn't lead counsel for the Defence until last week.
But you knew your daughter was representing Molly Ross.
Yes, I did.
By removing me from this matter so late, it will negatively impact our client.
They still have Billy Crawford, Your Honour.
Would your clients not be sufficiently represented by your co-counsel? William Crawford is a skilled attorney, but Carver, Thatcher, Stokes is a firm with enormous resources.
Even with the two of us, this isn't a fair fight.
And the resources that we do have are being squandered fighting vexatious motions.
You're wasting Opposing Counsel's time and more importantly, you're wasting mine.
Joanna Hanley is requalified as counsel.
Well, well.
Me and you back in court together.
Just like old times.
I'm here because you had me disqualified from this case.
I've never given you special treatment.
You know that.
I think that you are terrified of what the girls are going to say and you're trying to sideline our witness preparation, and it's not gonna work.
[SIGHS.]
Joanna, I was really hoping that we could start mending fences here.
- [SCOFFS.]
- Come on.
Will you at least have breakfast with me? Please? We've always bonded over litigation.
There's no reason we can't do it from opposite sides.
That's gonna be a long road, Dad.
And right now, I'm kind of busy with my girls.
Your girls? Now you sound like Crawford.
- What's that supposed to mean? - It means that he'll always be Molly Ross's uncle first.
He's protective of her.
He's emotional.
That's why he'll lose.
You think you can rattle Billy by going after Molly? I should get going back to work.
- I'll get this.
- You didn't finish.
I'll see you at the deposition tomorrow.
Hey.
Look, I know I'm not your favourite person, but I was wondering if we could talk.
About my father.
I've been wanting to talk to you too.
When I told him I was having Luna, your dad gave me an ultimatum.
I had to agree to never contact him again, or else he'd sue for full custody.
He threatened to take her from you? He was bluffing.
He had no interest in raising her, but I was a kid.
I didn't know that.
He told me that what you had together felt like love.
I thought it was.
I was young and infatuated, and he loved that.
But that's not love.
He's told so many lies.
I just need to find the one that will trip him up.
Is that why you wanted to talk to me? Ask your mother.
I'm sure she has enough dirt to bury him.
Yeah, I haven't heard from her in over a decade.
She was supposed to come with us.
She stayed back in Winnipeg to finish packing, and eh.
I never saw her again.
Maybe you should find her.
I mean, you know where she is, don't you? I'll do what I can to help you take him down.
But the person you really need to talk to is her.
[SOFT MUSIC.]
Your kids made these for me? I didn't tell them what happened.
Yeah.
And they don't know about us? How's the head? Still feels like the guy knocked something loose.
Whatever it is it's just rattling around in there.
Who would do this? I keep replaying it in my head but my head's the problem.
I can't remember anything.
You should get some rest.
I'll be back in a bit to check on you, OK? Who the flowers for? You cheating on me with some guy in a body cast? They're for Taylor Matheson.
She's in the east wing, first round of chemo.
Give the kid my best, OK? [SOFT MUSIC.]
[MAN OVER PA SYSTEM.]
: Dr.
Barrow to Obstectrics.
Hey.
Shh! How are you doing? Oh, well, um, chemo sucks.
Well, we should put that on the back of a t-shirt.
[BOTH GIGGLING.]
Where's your mom? They're on a rotating schedule, which means I never get a break.
They don't want you to be alone.
And I'm always still here if you need me.
[SNORING.]
[SIGHING.]
Oh.
- Diane.
- Hi, Ben.
Good morning.
Baby, did you sleep? Yeah, when you weren't snoring.
I don't snore.
You must be hungry.
How about I get you one of those tasty nutritional shakes? Said no one ever.
Ms.
Evans, can you take my dad on a walk or something? He's been in that chair all night.
I'm fine.
You don't need to worry about me.
I'd also really like to get some sleep.
Coffee? Yeah.
We should start with named plaintiff, Molly Ross.
- She's the weak link.
- OK.
She got some brain trauma on the soccer field a couple years ago.
A concussion.
Yeah.
Suffered traumatic brain injury that caused sufficient damage, enough to differentiate her symptoms from the other girls.
She only scored 10 on the Glasgow Coma Scale.
Look, it's an opening, OK? We establish the brain injury, and then we pivot to the gay thing.
- The gay thing? - Yeah.
Look, there are certain psychological pressures to being a closeted lesbian in a small town.
Stressors that may have exacerbated her earlier brain injury.
Now, I think that we can comfortably argue that Molly Ross was suffering prior brain impairment from her athletics and her lifestyle choices.
You know, I think we'd have better luck focusing on the admissibility of the medical evidence of causation.
Right? We argue Fraser v.
UT Trucking.
This isn't a group grope, Alan.
You just follow my strategy.
OK? I just don't think that we should target a young teenager about her sexuality.
It feels unduly harsh.
"Unduly harsh"? You're starting to sound like my daughter.
Alan, we're paid to win.
Nothing else matters.
Besides, we're not targeting Molly Ross with these strategies.
We're going after her uncle.
Crawford? Yeah.
The harder we go after the niece, the deeper we get under his skin.
He'll want to protect her.
He'll push to settle.
It's unnecessary, David.
That weak stomach of yours is the reason that we lost certification.
They had a good case for certification.
Nothing would've changed that, regardless of how many girls we made cry.
You should've had a better argument.
You should've had a better argument, Alan, instead of mooning over the Opposing Counsel.
You know what? Get out.
Leave.
You should go.
Take a walk around the block.
Have a good cry.
Do what you need to do.
I don't care.
But don't come back in here until you're ready to start acting like a lawyer.
And when did these symptoms begin, Miss Ross? Uhm I guess around December of last year? All right.
You wanna be specific.
December of last year.
December of last year? No up-speak.
You want me to change the way I talk? Look, if you sound uncertain, they're gonna jump all over you.
[ROBOTIC MONOTONE.]
: December of last year.
Molly, come on! You gotta take this seriously, OK? It's like there's something wrong with everything I say.
That's what prep is for.
Look, you and the other girls, you just need to get your stories straight.
Yeah but aren't I even allowed to say things in my own way? Maybe it's time for a coffee break.
All right.
- Molly, take five.
- Yeah.
I'm gonna take a walk.
What is going on with her? She's sick of being sick.
[PHONE RINGING.]
Crawford and Associates.
What was that? Automated message.
Remind me to pay the phone bill.
Well, there she is.
Welcome back.
Congratulations on your reinstatement, Counselor.
Thank you very much.
All right.
That's enough celebrating.
Grab a box and get to work.
I would've loved to see the look on your dad's face when the judge ruled in our favour.
Yeah And I had an interesting conversation afterward with your mother.
My mom? What did she say? She reminded me that we may have an ace in the hole that we didn't think of.
Well, that is exactly what we need right now.
I will be back by noon tomorrow.
- Where are you going? - To Winnipeg to see my mother.
If they're going after Molly, then I'm going after him, and I need as much ammunition as I can get.
What is it specifically that you're going to find there that we can't find here? My parents were still together when he brokered the sale of Matheson Steel to P and L.
She might be able to give me something to trap him with.
OK.
Go, just bring Luna with you.
No, it's just a short trip.
I don't need any company.
Joanna, you haven't seen your mother in 15 years.
It'll be good to have someone there with you.
Especially someone you trust.
We can work in the car.
[SIGHING.]
It lives.
- This is cute.
- What are you doing here? Hey, I know things got heated the last time we spoke.
But I'm the one who found you.
I got you to the hospital.
I was the one holding up two fingers.
Remember? And I got everyone on the force out looking for the scumbag who did this.
I don't wanna upset you, so I'll go.
You heal up, OK? Everybody at work is pulling for you, buddy.
Hey.
Thanks for coming.
Means a lot.
Ms.
Evans.
Officer Mercer.
What are you doing here? Just trying to get to the bottom of this.
Well, I'm sure Owen is relieved you're on the case.
[TENSE MUSIC.]
Thanks.
Mm.
Do you think I should go see David? Well, that depends.
What do you hope to get from seeing him? I want to ask him how a person can have a daughter out in the world and not want to know anything about her.
You should ask my mom that when you see her.
If your mom's been in Winnipeg, in the same house all this time, why haven't you ever gone to see her? I've thought about it more than a few times, but my mother has made it clear that she wants nothing to do with me, and I've made my peace with that.
I don't need her anymore.
I just need whatever she knows that will help us win this case.
Thanks.
[SOFT MUSIC.]
Um, I need a minute.
I'm sorry about before, at the diner.
I was with my daughter, and we were arguing.
[SCOFFS.]
Yeah, well you were always good at quick exits.
How've you been? [SIGHING.]
I didn't come here to catch up.
OK.
Then what do you want from me? Someone was mean to you.
It took me a long time to figure that out, that people who were hurt hurt people.
And I'm sorry about whatever happened that made you who you are, but people just don't do what you did.
I don't know what to say.
What do you want me to say here? I came here to tell to let you know that I'm fine.
That Luna and I are fine.
- Good.
- And I've tried so hard not to pass that pain onto her.
So it'll end.
Good.
I think that's good.
Wow.
Well Goodbye, David.
[TENSE MUSIC.]
A basket of fries and a coffee.
You should stop for a proper meal, Counselor.
I'm too busy.
I would've thought you'd be too.
I find myself at liberty today.
Oh, thank you.
I ordered us some drinks.
No thanks.
How are you feeling about the depositions tomorrow? Is this really your strategy? Buy me a drink, and then get me to spill about the game plan? - You're a good lawyer.
- [SCOFFS.]
I'm serious.
You've surprised me at every turn.
I'm flattered.
I quit CTS today.
I'm off the case as of three hours ago.
I'm a free agent.
Oh, yeah? You decided not to get out of town, just hang out for one last wild night at The Boot? Asking me about depositions? - Let me help you and Joanna.
- OK.
David's gonna go after Molly.
Yeah, I know how depositions work.
No.
He's going to flay Molly alive.
He's going to grill her on her mental state, her sex life.
I'm sure you know the expression "a little bit nutty, a little bit slutty"? Amazingly effective strategy when it comes to taking down female plaintiffs.
To what end? There won't be a judge present.
To get under your skin.
He thinks that your connection with your niece is a weakness to be exploited.
Why are you telling me this? Something about those Millwood girls, I guess kryptonite for us soulless Bay Street types.
All right, so you want to help us and risk being disbarred for the good of your soul? What better reason is there? Look, I know his moves.
I know his game plan.
I know his strategy.
Let me help you prep Molly and the girls so that they are bulletproof.
Hey, maybe we should've called.
- Head off the awkward? - There's no avoiding awkward.
Joanna you don't have to pretend to be brave for me.
I was pretending for me, actually.
[EXHALING HEAVILY.]
Hi.
[EXHALES.]
I'll go, put up some tea.
We just need to ask you a few questions about the purchase of Matheson Steel.
It's for an important case we're working on.
- Oh, if that's what you want.
- You and Dad were still together at the time he brokered the deal? Um I really do think better with tea.
We'd love some tea.
Don't get too cozy.
We're here to work.
You don't have to keep pretending like we're just here for work, Joanna.
We are.
I've got some fresh banana bread.
Would you like some? This is not gonna take long.
Then we'll just get out of your hair.
I didn't expect you to forgive me.
I'll go get the tea.
[SIGHING.]
[INDISTINCT SPEAKING.]
[DOOR OPENING.]
[DOOR CLOSING.]
Officer Mercer.
- Ms.
Evans.
We meet again.
- It's Diane.
How's Kelsey? You know, you were always her favorite.
I don't think she would have gone away to school if it wasn't for you.
Hey, you owe me a lot of money.
[BOTH LAUGHING.]
May I sit? I was wondering about Owen's case.
- What about it? - Any leads? No.
No, nothing yet.
If only I'd showed up a few seconds earlier What about the weapon that was used? A piece of pipe.
It could've been found at any of the industrial sites around here.
No fingerprints.
He doesn't remember much about the attack.
Yeah.
Poor guy, seems like he got his brains a bit scrambled there.
Except seeing you.
I'm just glad I found him.
My students do that.
- What's that? - The knuckle cracking.
It's nervous energy.
Sometimes they drum their fingers.
The girls fiddle with their jewelry.
Nervous energy, huh? You must notice that as a cop when you're interrogating people? Mostly I see it when I'm getting some kind of 'dog ate my homework' story.
How are those two little girls of yours, Diane? Pardon? Your girls.
You were nice enough to ask about Kelsey, and I didn't return the favour.
They're great, thanks.
Uh-huh.
Yeah, I saw that that get well soon card they left Owen.
Awful sweet.
He's a lucky man.
Hope he appreciates that.
You take care, Diane.
[TENSE MUSIC.]
Do you remember Dad talking about the Mathesons or the Steel Mill going bankrupt? Vaguely.
It was a long time ago.
I know.
You have to put yourself back there.
I have spent the last 20 years trying to do the opposite.
Look, I need to take a little break now.
Of course you can.
So, how did the two of you find each other? Joanna came to Millwood for a case and we started working together without even knowing.
I remember thinking how weird it was how much we'd hit it off.
You're not angry? I'm just glad she's here now.
I'm glad she's here now too.
Then why didn't you come for me? Your father helped me immigrate.
He was my lawyer.
He said he would have me deported.
He told me to go away, or he'd throw everything he had at me use the breakdown I had in Millwood to say I was unfit, turn you against me.
You lost me anyway.
I've been in and out of the hospital, Joanna.
So much time had gone by, and I was so afraid.
Mom, I thought you hated me.
When things hurt you so much, you need to turn away after a while just to live.
My memory is so foggy.
I don't think I'll be able to help you win this case.
It's OK.
That's not why I'm here.
[SIGHING.]
So, the doctors kept you overnight in hospital, - isn't that right Miss Ross? - Yes but I was released the next day.
So you just wanna answer yes or no.
You don't want to give him excess ammunition.
I'm just explaining what happened.
Right, but you don't know what he'll pounce on, so treat your answers like money and give nothing away for free.
- Got it? - Yeah.
Now, your family doctor, Dr.
Harper, what did he say? He said that I had a concussion, but I was fine in a week or so.
But that's not what you told your friends a month later, was it? What? I don't know.
I don't really remember.
Well, let me help you, Miss Ross, 'cause it's right here in one of your social media accounts.
"Looking for my headphones all day, "then I open the fridge to get some juice, and what do you know!" Alongside a photograph of your headphones in a refrigerator.
Would you read what you wrote next, Miss Ross? "But hey, it's not like I just got my brains knocked out or anything.
" So, clearly you were experiencing cognitive difficulties after the soccer injury that you neglected to report to your doctor.
- Oh, my God.
I was kidding.
- No.
I don't think that's fair.
- Wouldn't you object to this? - The gloves will be off and there won't be any judge to appeal to.
So they can go into our accounts? Ladies, CTS has no less than three associates combing through all your social media posts and internet searches as we speak.
Anything can and will be used against you.
It is not a question of fair.
ADD Eating disorders feeling depressed after your mother died, it'll all come up because right now, you are on trial.
None of that has anything to do with the fact that we're sick.
Opposing Counsel will argue otherwise.
And if he can't convince a judge, at least he might succeed in upsetting you enough to say something stupid.
Which is why you all need to stay calm.
And be ready for anything.
And be ready to throw it back in his face.
Yes, I had an eating disorder.
So what? Yes, I'm on anxiety medication.
So what? If you know it's coming, he doesn't have the power to ambush you.
Miss Ross, I understand that you're in a lesbian relationship? So what? [ALL LAUGHING.]
[ALAN.]
: So what? [TYPING.]
I've set up the spare room for you and Luna.
You can head out in the morning.
- Oh, let me help with that.
- No, you've got work to do.
The work will still be there.
I can take a break.
Joanna You'll come back? Yeah.
I promise.
I've got a lot to learn You've got a lot to give We can go anywhere Rebuild this broken bridge You've got a heart of gold I've got a mind that goes on and on and on To places we'll never know But I just wanna be with you when the day is done When the darkness comes When the old sweet day is done I just wanna be with you in the setting sun 'til the morning comes When the day is done Whoa oh Mm-mm When the old sweet day is done If you got it figured out Then I'm going 'round and 'round But darling, I'll lift you up 'cause I know you won't let me down I want you to meet me there By the well where we used to drink I will draw the water If you quench these thirsty lips 'cause I just wanna be with you When the day is done When the darkness comes When the old sweet day is done I just wanna be with you in the setting sun 'til the morning comes When the day is done, whoa oh Mm-mm When the old Sweet day Good morning.
I brought you both a cup of Lucy's finest.
Breakfast of champions.
[MOLLY AND BEN.]
: Thank you.
You didn't have to be here.
I just wanted to come and say give him hell today, Molly.
You should be there with us.
That would be a little awkward for Alan considering Actually no, it wouldn't.
- I'll come.
- Are you sure? If David finds out what you did I want him to find out.
In fact, I want to be the one to tell him.
[BIRDS CHIRPING.]
- Is there more of that? - Fresh pot.
I didn't know how you take it.
I can do it.
What's that? I didn't tell you yesterday.
I didn't know if I could trust you with it, but now I know that I have to.
What are you talking about? After I left him, I your father kept asking me to send him his things.
He seemed anxious in particular about this box, so I kept it as insurance.
- Insurance.
- In case he tried to make good on his threats.
There's something in here you need to see.
This is from Alison Shepard.
She used to work for your dad.
She's the mayor of Millwood now.
Mom, this is a love letter Keep reading.
- Alan.
- David.
Counselor, shall we begin? Diane.
I was just on my way to see Taylor.
Oh.
Well, she's sleeping.
Uhm I just decided to jump out and get some health food.
Want some? - I'm good.
- Your loss.
You seem better today.
Well, I had some sleep.
And eh we spoke to Taylor's doctors this morning, and the prognosis is good, so - She is a tough kid.
- Yes, she is.
Yeah, well Thank you for coming to visit so often.
I appreciate it.
I'm doing double duty right now.
I've got a friend laid up nearby.
Officer Beckbie? Yeah.
Yeah, I heard about that.
- How is he? - He's on the mend.
Should be going home soon.
- It's nerve-wracking though.
- What is? They haven't caught the person who did it.
Yeah Confidentially, I think it might be someone he works with.
Like a another cop? He was investigating some corruption right before he was attacked, so maybe he got too close to it.
Wow.
Hard to believe something like that would be happening right here in Millwood, huh? Yes.
It is hard to believe.
[SIGHING.]
I'm gonna go.
Thanks again, Diane.
[TENSE MUSIC.]
It's like an electrical jolt shooting up my spine that makes me flinch.
And since December, the symptoms have been getting more pronounced? Yes I used to be able to suppress them, but now I can't.
I've had severe seizures on two separate occasions and lately, I've had a lot of trouble concentrating.
And Molly, have you suffered any brain trauma previously? Yes I was diagnosed with a slight concussion when I was 16.
That's all.
Afterwards, the doctor said I was fine.
And I felt fine.
And I could still do all the things I can't do now.
Tell me about those things you can no longer do.
I can't swim or drive.
I can't play sports.
I've lost a scholarship, and I've had to put off university indefinitely.
All right.
Thank you, Molly.
That's all I have.
Counsel? Your witness.
Thank you, Miss Ross.
No questions.
- We can turn off the camera.
- I'm sorry? I see no need to put these girls through the ringer any further.
Well, that's very considerate of you.
She's a sympathetic witness, Crawford.
All those crushed dreams, there wouldn't be a dry eye in the court.
You know, you might actually have a case against Matheson Steel.
If you do, we'll just file for bankruptcy.
But you don't have a case against P and L.
- We're building one.
- Really? Well, let's see what you have.
We're filing a motion for summary judgment on your claims against P and L.
If you don't have a case against the parent company, - then we're done.
- What does that mean? It means, Miss Ross, that very soon, we can all get back to our lives.
Alan.
OK.
What is he talking about? - He knew what I was gonna do.
- Just tell me what's going on! All this time, he was just keeping us busy.
It was an ambush.
Hey.
You OK? I am doing what's required.
I'm so sorry I wasn't here.
But listen, I have Oh, there's nothing you could've done.
He had us dancing like a couple of puppets.
"Us"? - Oh, yeah.
Alan switched sides.
- What? He helped me prep the girls.
And he told me the exact same thing you said about David going after Molly.
He told you the same thing because that's what my father sent him to do.
I had no idea what he was planning.
He played me too.
- Give me a break.
- He must've known I was gonna mutiny and he used it against me.
"Mutiny"? So you torpedoed your career because of a grudge against my dad? No, it was more than that.
Anyway the motion hearing's in a week.
We have to win that or we lose the entire case.
How was your trip? Don't even think about it.
[BOTH LAUGH.]
God, I was hoping someone would come along and do that.
Wow.
What's the occasion? Life is short.
And good people like Officer Owen Beckbie deserve a little special consideration now and then.
[SIGHING.]
Something about you being in here, Taylor upstairs, her parents worrying about losing their daughter.
Hey.
I'm not going anywhere.
I think I know who attacked you, but I don't have any proof.
Tell me.
Sam Mercer, maybe on the orders of Ben Matheson.
I'm so sorry.
Let's not talk about it right now.
OK? You should try and eat something.
You are so good.
Hey, I was thinking about those kids of yours.
When I get out of here, maybe I could thank them for the get well soon cards in person.
Or we can talk about it another time.
- It's just - No, sorry.
I would love you to meet them.
But I'm unsafe to be around right now.
- I get it.
- That's not it.
It's just Do you remember when you told me that you came to Millwood because you hoped it would be better? But then people like Mercer made you realize it was just more of the same? Yeah, but I love this town.
I mean all my favourite people are here.
So maybe the place is less important than the people.
Derek's been offered a job in Winnipeg.
It's good money, and the girls need to be close to their dad.
Yeah.
It looks like I might be moving.
[SOFT MUSIC.]
What're you gonna do when you get back to Toronto? It's not like you can ask my dad for a reference.
You know, I'm thinking I might take a break from the law for a while, and travel or I don't know learn piano.
Thank you for what you tried to do for us today.
You know, doing the right thing turns out to be a lot harder than it looks.
Yeah, it takes a while to get the hang of it.
Trust me, I know.
Well you make it look pretty easy.
For a lawyer, you are a terrible liar.
When do you leave tomorrow? Bright and early.
This time tomorrow, the office will be packed.
How about you? What are you gonna do with that letter from Mayor Shepard? I don't know if I can deal with another skeleton from his past.
Even if it can win you the case? That used to be enough.
Well whatever you decide, you'll be brilliant.
Thank you.
Yeah, the sun's going down And all the street lights are on Kick his ass.
You need to come home now