Woman accusing Calgary chef Michael Noble of sexual assault seeks restraining order
WARNING: Story contains graphic language
UPDATE added May 15, 2018: The plaintiff started the process to get a restraining order, but discontinued it after police laid criminal charges against restaurateur Michael Noble.
In the months leading up to police announcing sexual assault charges last week against Calgary restaurateur Michael Noble, his alleged victim filed for a restraining order against him.
On May 3, police charged Noble with sexual assault in relation to an incident in January.
According to police, on Jan. 29, Noble allegedly followed a 21-year-old woman into a bathroom at a social gathering that took place in the 200 block of Eighth Avenue S.W.
The victim, who was one of Noble's employees, says he cornered her in a stall and sexually assaulted her before she pushed him away and left the bathroom, the Calgary Police Service said in a release.
'I did not consent to this'
A statement of claim filed in March and obtained by CBC News details the alleged attack from the victim's perspective, in her own writing.
According to the woman, on the night in question, all staff from Noble's restaurants, Notable and The Nash, had gone to Sub Rosa (a bar located on Stephen Avenue below The Guild) for a dinner and cocktail event.
She alleges that around 1:45 a.m. Noble followed her into the washroom and into a stall.
"He proceeded to grope me, and eventually insert his fingers into my body," she said.
The woman said Noble insisted that everything was OK and that no one would find out.
"I did not consent to this," she said. "I was heavily drinking at the staff party."
Following the incident, the woman said the group moved to another bar, where she alleges Noble explained he was in an open relationship, and invited the woman to come home with him — a request she said she refused.
"I did not consent to the bathroom incident and I did not want to go home with him," she said.
Text message apology
On Jan. 31, two days after the alleged incident took place, the woman said Noble texted her, apologizing.
The woman alleges that the text message said the following:
"I want to deeply apologize for my actions on Monday. I went to a place that I never should have gone under any circumstances, and for that I am deeply embarrassed and saddened. I hope you can find it within yourself to forgive me, and I am open to what you need to begin that process. Again, so very sorry."
According to the woman, the conversation was in relation to the interactions she'd had with him on the night of the staff party.
"I do not forgive him," she said. "The actions committed have affected me mentally and emotionally in horrible ways. I have reported the assault."
In her statement, the woman explains that a CPS officer suggested she seek a restraining order against Noble, as an investigation into her allegations was set to begin.
Defence denies allegations
Less than a month after the statement of claim was filed, Noble filed a statement of defence.
The statement says that the allegations made in the woman's statement of claim are "not sufficiently particularized" to disclose a reasonable cause of action against Noble.
"The claim should be struck on that basis." reads Noble's statement.
The statement goes on to explain that Noble denies that he assaulted the plaintiff.
"The statement of claim discloses no fact, claim or allegation which supports the relief being sought by the plaintiff," reads the statement.
"In particular, the statement of claim does not submit that the defendant has engaged in any type of harassing, intimidating, molesting, threatening or violent behaviour towards the plaintiff, nor does it claim that the defendant poses any legitimate risk of immediate or future harm to the plaintiff, nor does it suggest that the plaintiff has reasonably held any legitimate fear for her safety arising from any alleged conduct on the part of the defendant."
The matter of the restraining order remains before the court. A hearing to determine if the restraining order will be imposed takes place at the end of this month.
In the interim, both the alleged victim and Noble have been ordered to have no contact with one another.
CBC News has reached out to both legal teams involved in this matter. Neither of them responded to requests prior to publishing.
None of the claims in either statement have been tested in court.
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