Wednesday, March 22, 2006

Yet another affidavit from Oliver Boulette - good use of our taxpayer dollars?

Posner & Trachtenberg
Barristers, Solicitors & Notaries Public
710-491 Portage Avenue
Winnipeg, MB R3B 2E4

Gerald S. Posner
Manitoba & Ontario Bars

Murray N. Trachtenberg
B.A., LL.B.
Direct Line: (204) 940-9602
e-mail: mtrachtenberg@ptlaw.mb.ca

March 21, 2006

Mr. Clare L. Pieuk
2 - 371 Des Meurons Street
Winnipeg, Manitoba
R2H 2N6

Re: MMF et al vs. Clare L. Pieuk et al Queen's Bench File No. CI 05-01-41955
My File No. 2003-20

Enclosed please find a copy of the affidavit of Oliver Boulette sworn March 21, 2006 which is being filed with the Court.

Yours Truly,
(Signature - Unintelligible)
MURRAY N. TRACHTENBERG
MNT/lec
Enc.
---------------------------------------------------------------------------
File No. CI 05-01-41955
The Queen's Bench
Winnipeg Centre

Between:

Manitoba Metis Federation Inc., Anita Campbell, David Chartrand, Elbert Chartrand, Rita Cullen, Richard DeLaRonde, Darrel Deslauriers, Jean Desrosiers, William Flett, John Fleury, Laura Hyrich, Julyda Lagimodiere, Joyce Langan, Leah LaPlante, Judy Mayer, Bonnie McIntyre, Rosemarie McPherson, Darryl Montgomery, Marilee Nault, Jack Park, Claire Riddle and Denise Thomas

Planitiffs

- and -

Terry Belhumeur, Clare L. Pieuk and the person or persons using the email address metis_mom@hotmail.com

Defendants
____________________________________________________________
Affidavit Of Oliver Boulette Sworn The 21st Day Of March, 2006
Hearing Date: Thursday March 30th, 2006 At 10:00 A.M.
Before The Presiding Judge
____________________________________________________________

Posner & Trachtenberg
Barristers, Solicitors and Notaries Public
Suite 710 - 491 Portage Avenue
Winnipeg, Manitoba
R3B 2E4

Murray N. Trachtenberg
Phone No. (204) 940-9602
Fax No. (204) 944-8878
File No. 2003-20

AFFIDAVIT OF OLIVER BOULETTE

I, Oliver Boulette, of the City of Winnipeg, in the Province of Manitoba, Executive Director, MAKE OATH AND SAY THAT:

1. I am the Executive Director of the Manitoba Metis Federation Inc. ("MMF") and as such have personal knowledge of the matters hereinafter deposed to by me save and except where same are stated to be based upon information and belief in which case I do verily believe same to be true.

2. I am informed by Murray Trachtenberg, counsel for the plaintiffs and do verily believe that according to information posted on cybersmokesignals.com, the defendant Clare L. Pieuk no longer serves as web master for that internet site.

3. I am further informed by Murray Trachtenberg and do verily believe that Mr. Pieuk now operates an internet site known as CyberSmokeBlog.blogsopt.com.

4. Attached hereto and marked as Exhibit "A" to this my affidavit is a copy of a posting from CyberSmokeBlog.com printed on March 10, 2006.

5. Attached hereto and marked as Exhibit "B" to this my affidavit is a copy of a posting from CyberSmokeBlog.blogspot.com parinted on March 20, 2006.

SWORN BEFORE ME at)
the City of Winnipeg, in the)
Province of Manitoba, this)
21 day of March, 2006.)

Signature (Unintelligible)
____________________
A Commissioner for Oaths in and
for the Province of Manitoba.
My commission expires 2007/05/24

Signature (Unintelligible)
____________________
OLIVER BOULETTE

Please Note: There are several issues associated with this affidavit:

(1) Richard DeLaRonde and Bonnie McIntyre are once again listed as Plaintiffs even though several weeks ago Counselor Trachtenberg sent my then attorney Mr. Jeff Niederhoffer a Notice of Discontinuance which, in fact, removed them as litigants. It would appear Queen's Bench Rules no longer apply

(2) Item 4 of Mr. Boulette's affidavit states, "Attached hereto and marked as Exhibit "A" to this my affidavit is a copy of a posting from CyberSmokeBlog.blogspot.com printed on March 10, 2006." Problem is, Exhibit "A" contains three postings - one from March 10 and two for March 9, 2006

(3) Item 5 of Mr. Boulette's affidavit states, "Attached hereto and marked as Exhibit "B" to this my affidavit is a copy of a posting from CyberSmokeBlog.blogspot.com printed on March 20, 2006." Once again, Exhibit "B" shows a March 15 and March 16, 2006 posting from
CyberSmokeBlog but nothing dated March 20, 2006

(4) To date a truly amazing ninety-one (91!) documents (the vast preponderance by Counselor Trachtenberg) have been filed with the Court in this case which is nowhere near trial ready

(5) Because of the aforementioned errors and inaccuracies, on March 30, 2006 I will be asking the Master to throw out Mr. Boulette's sworn affidavit of March 21, 2006

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