The Province

Jack Keating, Staff Reporter The Province

Sarah McLachlan steps into lawyer Jonathan Simkin's shark tank this morning.

Asked how long his cross-examination of the singer in B.C. Supreme Court would take, Simkin said: "I expect at least a day, possibly more."

Simkin, who represents musician Darryl Neudorf in his lawsuit against McLachlan and Vancouver-based Nettwerk Productions Ltd., conducted a tenacious, six-hour cross-examination of the defendant's expert witness, Bill Henderson.

Henderson's 29-page report was dissected and called into question by Simkin yesterday in a manner that sometimes left the Canadian music legend defensive.

Simkin noted that Neudorf and McLachlan are both members of the Society of Composers, Authors and Music Publishers of Canada, and wondered out loud about the "impropriety" of Henderson, as SOCAN president, taking sides in a dispute between two members.

"I don't think there's anything wrong with me doing this work," Henderson told Justice Bruce Cohen, who is hearing the civil suit without a jury.

"I was hired to be an impartial, expert witness, to give an opinion from my experience."

But he acknowledged under questioning from Simkin that the SOCAN board questioned his involvement because "it could be perceived as a problem," and indeed decided that, as president, he should not participate.

In the event, his presidency expired before the trial began, although, as past-president, he is an active member of the board.

"I realize it's a delicate situation, and I have done my best to take the high road," he said.

SOCAN is holding in escrow about $30,000 for songwriting credit that will go to either Neudorf or McLachlan.

Neudorf, 34, is suing for songwriting credit on four songs on the 1988 CD Touch -- Steaming, Vox, Sad Clown and Strange World. He is also suing for copyright infringement and a share of royalties and co-production credit on the debut album.

Simkin also made hay out of the fact that Henderson failed to identify seven of 11 songs on two demo tapes that ended up on the final Touch CD. "I made a mistake," Henderson replied.

McLachlan's lawyer, Jennifer Conkie, strongly protested some lines of questioning, calling them "a vast sea of hypotheticals."

But Justice Cohen allowed Simkin to proceed, saying he will allow arguments on weight and acceptance later.

Henderson had to leave Vancouver last night to fulfil prior commitments. He will undergo the rest of his cross-examination in two weeks' time.