Quebec lawyer asks permission to question Robert Miller in sex lawsuit, says the billionaire is dying

A lawyer seeking authorization for a class-action lawsuit against a Montreal billionaire accused of paying underage girls for sex says he worries the defendant will die before the case goes to trial.

Lawyer Jeff Orenstein has asked the Quebec Superior Court for permission to question Robert Miller as soon as possible — before the judge decides whether the class action should move forward — because of the 80-year-old's declining health

"It's very clear that it's now or never: he has a degenerative illness," Orenstein told a hearing at the Montreal courthouse Thursday.

Dr. Alain Dagher, a neurologist called by Orenstein, testified that based on medical reports commissioned by Miller's lawyers, the billionaire is bedridden due to serious health issues but has normal cognitive abilities for a person his age.

But Justice Christian Immer said he worries that Miller, who can only say three our four words at a time, will have his health threatened by the stress of testifying.

"My fear is that person will pass away lying in the bed testifying, that is a problem for me," the judge said.

The judge also suggested that even if he authorizes the early questioning, Orenstein might only be able to ask questions related to the case's one representative plaintiff and not other potential members of the class action.

"It is against public order to speak in the name of somebody else before you are authorized to do so," Immer said.

Orenstein has said he has heard from 47 women who accuse Miller of paying for sex with them, including three who say they were under 14 at the time. But Orenstein at the moment only officially represents one woman, who says she was 17 when Miller paid for sex with her. 

The judge, who expressed frustration about the slow pace at which the case is moving, said arguments for and against the authorization of the class action might not be heard until the fall.

Orenstein is also seeking permission to question Helmut Lippmann — a 90-year-old vice-president at the company Miller founded, Future Electronics — as soon as possible due to his advanced age.

Lawyers for Miller and Lippmann were scheduled to argue against the motion Thursday afternoon.

Miller's lawyer is expected to argue that Orenstein doesn't have legal grounds to conduct the early questioning and that even if he did, his client's health has declined too much to allow him to testify.