David Davidar breaks silence on ‘flirtatious relationship’ with colleague

Statement from his lawyer depicts consensual relationship that involved tennis games, dinners and kissing

First there were the tennis games, the theatre and the lunches. Then came the kisses, followed, a short time later, with a request for a raise, which led to a $10,000 promotion to a more senior position.

Those were among the key points of a three-page statement issued Sunday by Toronto lawyer Peter Downard on behalf of David Davidar, who was forced to resign as president of Penguin Canada over his relationship with Lisa Rundle, who used for work for him.

Davidar, who is being sued for sexual harassment by Rundle, said through Downard that his “flirtatious relationship” with Rundle was “consensual” and reciprocal.

“David Davidar has not sexually harassed anyone,” Downard said in his written defence of his client. “He had not assaulted anyone.

“David Davidar had a consensual, flirtatious relationship that grew out of a close friendship with a colleague. He deeply regrets the hurt this has caused his wife.”

The account is starkly different than the statement of claim filed by Rundle, which depicts a “campaign of harassment” that allegedly included leering and stalking, and culminated with Davidar bullying his way into her hotel room in Germany and forcing his tongue into her mouth.

None of the claims have been tested in court.

Davidar, finally breaking his silence about the five-year relationship through Downard, said he and Rundle got to know each other when they had offices next to each other in 2005 and gradually became close. The relationship deepened in 2007, and peaked with two separate kisses at the Frankfurt Book Fair last October.

During the January 2010 Australian Open, Rundle would nip into her boss’ office to watch their favourite player, Roger Federer.  Then, later that month Downard recounted, Rundle asked Davidar for a raise. He reminded her of a Penguin salary freeze, then gave her a new position with a $10,000 raise.

Bobbi Olsen, Rundle’s lawyer, on Sunday slammed Davidar’s statement.

“By his own admission, he has lied to the media twice, and to his wife for years. He now asks that his third version of the facts be accepted as the truth,” Olsen said.

In February of this year Davidar, 52, ended their flirtatious affair, his lawyer said, noting Davidar’s father had recently died and Davidar was taking “stock of his life.”

A few weeks later, Rundle said she no longer wanted her new role as director.

She complained about Davidar’s conduct in March.

Downard’s statement also attempts to deflect claims from another former Penguin employee who allegedly filed sexual harassment complaints against Davidar, saying the two had “engaged in flirtatious banter” and that the woman had told Davidar the human resources department had “misunderstood” her comments concerning his conduct.

That woman, Samantha Francis, has not yet filed any legal complaint but will testify in court to support Rundle’s claims, Olsen said.