Burden of Truth (2018) s01e10 Episode Script

Cause in Fact

1 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.
[DOGS BARKING IN DISTANCE.]
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 step-dad.
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.
[LAUGHING.]
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! [OWEN LAUGHING.]
I gotta go.
Luna.
You have to face him.
Even if it hurts.
[SOFT MUSIC.]
[DOOR BELL JINGLING.]
No power.
No heat.
I'll handle it.
It must just be a mix-up.
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.
[DOOR BELL JINGLING.]
[DAVID CHUCKLING.]
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.
[TENSE MUSIC.]
[DOOR BELL JINGLING.]
[THEME MUSIC.]
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! [PHONE BEEPING.]
It's Billy.
There's an offer.
[BEN.]
: 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.
[SIGHING.]
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.
[GERRILYN SIGHING.]
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 [NATE SIGHING.]
[BILLY SIGHING.]
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.
[GASPING AND WHISPERING.]
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 read-out 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.
[GASPING AND MURMURING.]
He's probably got money hidden everywhere.
Check his mattress.
Did somebody order you to dump those barrels? Ben Matheson.
[GASPING AND MURMURING.]
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.
[MURMURING.]
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.
[MURMURING.]
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 over-reacting.
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.
[INSECTS CHIRPING.]
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 video-chats.
And you can write me letters.
Long-distance? You have to follow your dreams and have faith that we'll make it.
Believe in us.
In my body When I'm gone 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.
- Oh, 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.
[DOOR BELL JINGLING.]
[DOOR BELL JINGLING.]
[TENSE MUSIC.]
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? [TENSE MUSIC.]
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! [TENSE MUSIC.]
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 clean-up.
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? [TENSE MUSIC.]
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.
[SIGHING.]
[SOFT MUSIC.]
Good morning.
Please be seated.
The court has in front of it today a proposed settlement agreement.
P and L 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.
[GASPING.]
The court approves the settlement agreement and we bring the matter of Molly Ross v Matheson Steel to a close.
Court is adjourned.
[EXCLAMATIONS OF EXCITEMENT.]
[UPBEAT MUSIC.]
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? [SIGHING.]
[INDIE ROCK MUSIC PLAYING.]
Oh, 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.
- [MAN.]
: Here's to you! - [MANY PEOPLE.]
: Cheers! You two make a pretty good team.
Oh, 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.
[SOFT MUSIC.]
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.
[JOANNA SIGHING.]
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.
[BOTH LAUGHING.]
[SOFT MUSIC.]
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.
Oh, 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.
[SOFT MUSIC.]
I feel safer when I'm dreaming The bigger half of me Wants to burn the world away But you told me honestly You will not grow old With your body young You will not go home 'til the night is done I feel much better now With memories Some stay razor sharp And always cut me I wish I understood you easily I wish I had the vision now To help you see I've been walking half asleep I feel safer when I'm dreaming The bigger half of me Wants to burn the world away - But you told me honestly - Ooh - You will not grow old - Ooh, ooh - With your body young - Ooh, ooh, ooh - You will not go home - Ooh, ooh, ooh 'til the night is done I've been lying On the edge of the road Giving up On finding it hard Since forever Since you left me alone To bleed I've been healing my scars I'm standing again And I'm ready to start [PHONE RINGING.]
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.
- But you told me honestly - Ooh - You will not grow old - With your body numb - Ooh, ooh, ooh - You will not go home - Ooh, ooh, ooh 'til the night is done - You will not grow old - Ooh, ooh, ooh Steadman Lavery.
I'm a new partner.
It's my first day.
And your name? Chang.
Joanna Chang.
'til the night is done
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