The lawsuit was filed on behalf of 10 complainants – nine women from the Bahamas and one American – in the southern district of New York in February. Since then, 47 other women, including complainants from Canada, have joined.
Their allegations against Nygard include rape, sodomy and drugs in places like New York, Winnipeg and Nassau.
The allegations date back to 1977 and some women claim to have been assaulted when they were only 14 or 15 years old.
The FBI raided Nygard’s New York offices shortly after the class action was filed in a criminal investigation. No charges have been laid.
Nygard said he lived in Nassau, Bahamas, from 1970 to 2018, before returning to Canada.
The designer, who grew up in Manitoba, claims that he has been a permanent resident of the province since January 2019 and that he has not come to New York since February of the same year.
“Since at least January 2019, I have spent more time in Manitoba, in Canada, than in any other place,” wrote Nygard in a signed statement attached to the motion to dismiss.
“Since at least February 14, 1958, my passport has been issued to me by the Government of Canada. I never voted in the United States. I have no family members who live or work in New York, “he said.
Nygard stated that he was not a citizen or permanent resident of the United States, that he had never rented or rented property there, or that he paid taxes in New York.
According to documents filed in court, “New York has been described as the” global “or” corporate “headquarters of Nygard.
“This was done for promotional and marketing purposes, to connect the Nygard brand to New York, arguably the most famous city for fashion in the world, and to develop the brand’s business and visibility in the United States. “
Limitation period has expired, says Nygard
In the motion, Nygard also claimed that the limitation period had expired for 38 of the complainants.
He said that according to the American law on the re-authorization of the protection of victims of trafficking in human beings, women should have come forward no later than 10 years after the alleged assault or 10 years after the age of 18.
Nygard stated that the 38 complainants had failed to prove that they could not have filed their allegations before the limitation period expired.
“Although most Canadian provinces do not have a limitation period applicable to claims of sexual assault, in the circumstances here, the plaintiffs’ claims under Canadian law are subject to the limitation period applicable to such claims to New York ”, who, according to Nygard, is five years old. .
“Consequently, for the 38 claimants who assert claims under Canadian law, if their claims are time-barred under the limitation period applicable to claims in New York, the claims must be dismissed. ”
The motion to dismiss also stated that 12 of the 57 complainants’ claims were made outside the United States and therefore require “extraterritorial application” under law.
None of the allegations against Nygard have been proven in court and no charges have been laid.