The MMF- LRCC Connection: An Exclusive CyberSmokeBlog Investigative Report!
Mr. Darrel R. (Roger) Deslauriers
Provincial Director
Northwest Regional Director
(Re-elected June 29, 2006)
MMF Defamation Lawsuit Plaintiff
Manitoba Court of Queen's Bench File Number CI05-01-42648
Louis Riel Capital Corporation Versus Deslauriers, Darrel R.
Mr. Darryl D. Montgomery
Former Provincial Director
Former Vice-President Thompson Region
(Did not run in June 29, 2006 election)
MMF Defamation Lawsuit Plaintiff
Manitoba Court of Queen's Bench File Number CI04-01-39016
Louis Riel Capital Corporation Versus Montgomery, Darryl D.
Tansi/Good Day Readers:
Sorry for the recent dearth of new articles but we've been pouring over tons of public court documents. It seems a Mr. Darrel R. (Roger) Deslauriers, Plaintiff in the Manitoba Metis Federation's defamation lawsuit against www.CyberSmokeSignals.com, has had some issues with the federally funded Louis Riel Capital Corporation. But it only gets better. Inadvertently, a Mr. Darryl D. Montgomery another of the Co-Plaintiffs also flew onto our radar. Apparently he too has had problems with LRCC.
Official public records show a Mr. Darrel R. (Roger) Deslauriers, in some cases identified simply as Darrel Deslauriers has been involved in eleven (11) previous litigations going back to 1984 one of which was dismissed. These include seven (7) Manitoba Court of Queen's Bench proceedings, one (1) Family Division case [a divorce in which a Restraining Order was granted] plus three (3) Small Claims Court actions.
In The Louis Riel Capital Corporation Versus Montomery, Darryl D. a Default Judgment (Defendant offered no defence) for $63,364.05 was rendered on September 27, 2004. It's not clear yet whether this amount included court costs.
The following excerpts are from Murray Norman Trachtenberg's third amended Statement of Claim against www.CyberSmokeSignals.com originally dated March 31, 2005, served May 28, 2005 and last revised May 9, 2006.
The Happy Litigator
[1.] The plaintiffs claim against each of the defendants:
(a) general damages in an amount to be determined by this Honourable Court;
(b) aggravated damages;
(c) punitive damages;
(d) costs on a solicitor and client basis;
(e) such further and other relief as the nature of the case may require and this Honourable Court deem just. (Paragraph 1 Page 3)
[45.] Belhumeur and Pieuk agreed with one another that cybersmokesignals.com would be used to publish statements and criticisms of the plaintiffs written either by Belhumeur or Pieuk or by other third parties whose identity would not be revealed all with the intent of persuading members of the Manitoba Metis community to not elect Chartrand and/or others of the plaintiffs in the next MMF election and with the intent of portraying the plaintiffs in a negative manner so as to cause suspicion and a lack of confidence in the plaintiffs by the Maniotba Metis Metis community, the elected officials of Canada, Manitoba and the public servants who deal with the MMF. The plaintiffs state as the facts are that the predominant purpose of the agreement between Belhumeur and Pieuk was to cause injury to the plaintiffs. (Paragraph 45 Page 11)
84. The actions of the defendants were callous, mean-spirited and designed to injure the plaintiffs and are deserving of an award of punitive damages. (Paragraph 84 Page 23)
(a) general damages in an amount to be determined by this Honourable Court;
(b) aggravated damages;
(c) punitive damages;
(d) costs on a solicitor and client basis;
(e) such further and other relief as the nature of the case may require and this Honourable Court deem just. (Paragraph 1 Page 3)
[45.] Belhumeur and Pieuk agreed with one another that cybersmokesignals.com would be used to publish statements and criticisms of the plaintiffs written either by Belhumeur or Pieuk or by other third parties whose identity would not be revealed all with the intent of persuading members of the Manitoba Metis community to not elect Chartrand and/or others of the plaintiffs in the next MMF election and with the intent of portraying the plaintiffs in a negative manner so as to cause suspicion and a lack of confidence in the plaintiffs by the Maniotba Metis Metis community, the elected officials of Canada, Manitoba and the public servants who deal with the MMF. The plaintiffs state as the facts are that the predominant purpose of the agreement between Belhumeur and Pieuk was to cause injury to the plaintiffs. (Paragraph 45 Page 11)
84. The actions of the defendants were callous, mean-spirited and designed to injure the plaintiffs and are deserving of an award of punitive damages. (Paragraph 84 Page 23)
Please stay tuned. Currently CyberSmokeBlog is going through a "WHACK!" of documents obtained from Winnipeg's Provincial Law Courts Building (File Registry) trying to figure out what the hell's going on?
incerely,
Clare L. Pieuk
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File no. CI-01-42648
THE QUEEN'S BENCH
WINNIPEG CENTRE
BETWEEN: LOUIS RIEL CAPITAL CORPORATION
Plaintiff
DARREL R. DESLAURIERS and TAMMY J. GOSSELIN
Defendants
____________________________________________________________
AFFIDAVIT OF DOUG REPAY
SWORN THE 27 th DAY OF OCTOBER, 2005
____________________________________________________________
DUBOFF EDWARDS HAIGHT & SCHACHTER
Barristers and Solicitors
1900 - 155 Carlton Street
Winnipeg MB R3C 3H8
WILLIAM G. HAIGHT
Phone: (204) 942-3316
File No. 950033-2504
AFFIDAVIT
I, DOUG REPAY, of the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY THAT:
1. I am the manager of Louis Riel Capital Corporation ("LRCC"), the Plaintiff herein and as such have personal knowledge of the facts and matters hereinafter deposed to by me, except where such facts and matters are stated to be based upon information and belief, in which case I do verily believe those facts and matters to be true.
2. On February 2, 2004, LRCC loaned to the defendants $52,500.00. The internal account number attributed to this loan by LRCC was account number 0010-03 (the "Loan").
3. On February 6, 2004, the Defendants signed a promissory note in the amount of $52,000.00 in favour of LRCC. Attached hereto and marked as Exhibit "A" is a photocopy of the promissory note.
4. Prior to the Loan, the Defendant Darryl Deslauriers had granted to LRCC a general security agreement over assets he used in his business carried on under the name D & T Trucking. This general security agreement secured payment of all present and future obligations, indebtedness and liability of Darryl Deslauriers to LRCC. Attached hereto and marked as Exhibit "B" is a photocopy of a general security agreement dated April 5, 2000 (the "General Security Agreement").
6. Attached hereto and marked as Exhibit "D" is a copy of LRCC's history for the Loan from February 2, 2004 to September 30, 2005. Information on this loan history indicates the following:
a) as at February 2, 2004, $52,500.00 was loaned by LRCC to the Defendants;
b) on May 27, 2004, one payment of $54,106.00 and another of $139.26 (totalling $54, 245.26) was paid on account. On that same date a disbursement of $54,106.00 was made;
c) since May 27, 2004, no payments whatsoever have been made on account of this loan.
7. The Defendants have alleged in their Statement of Defence that on May 27, 2004, Mr. Deslauriers paid to LRCC $54,384.52 and thereby repaid all amounts outstanding to LRCC. This is not true. My review of the file indicates that on May 27, 2004, a substitution of security under the General Security Agreement occurred and nothing more. The following are the details of this substitution of security;
a) on May 17,2004 Mr. Wayne Gray, Acting General Manager of LRCC wrote to Volvo Manitoba Truck Centre advising that LRCC had approved financing for Mr. Deslauriers to purchase a truck which was conditional upon the sale of other assets owned my Mr. Deslauriers. Attached hereto and marked as Exhibit "E" is a copy of Mr. Gray's letter of May 17, 2004, addressed to Volvo Manitoba Truck Centre;
b) on May 27, 2004, LRCC received a certified cheque from the Austin Credit Union in the amount of $54,245.26. This letter rtter requested that Mr. Gray sign the letter acknowledging release of the following security:
- 1987 Freightliner
- 1988 Ford L9000
-1987 Fruehauf Trailer
- 1986 Midland Trailer
- 1978 Edson Camper Trailer
Attached hereto and marked as Exhibit "F" is a copy of the Austin Credit Union letter of May 26, 2004;
c) on May 27, 2004, Mr. Deslauriers signed a Retail Buyers Vehicle Order and Agreement with Volvo Manitoba Truck Centre for a 1999 Volvo Model #VNL64T610 ("the "Volvo Tractor"). The purchase price was $48,150.00. Attached hereto and marked as Exhibit "G" is a copy of the agreement for the Volvo Tractor;
d) on May 27, 2004, Mr. Gray signed two receipts indicating that LRCC had received for the benefit of Mr. Deslauriers $54,245.26. From this amount 454,106.00 was to be utilized for the purchase of the Volvo Tractor and $139.27 was to be applied on account of the loan. Attached hereto and marked as Exhibit "H" are photocopies of LRCC receipt numbers 3054 and 3055;
e) on May 27, 2004. LRCC issued a cheque jointly payable to Darryl Deslauriers and Volvo Manitoba Truck Centre in the amount $54,106.00. This cheque referenced the same account number for the Loan. On that same day LRCC also issued a cheque to the credit of the Loan in the amount of $139.26. Attached hereto and marked as Exhibit "I" are photocopies of the aforementioned cheques;
f) both cheques were negotiated and Mr. Deslauriers purchased the Volvo Tractor;
g) on May 27, 2004, a financing change statement was filed in the Manitoba Personal Property Registry adding the Volvo Tractor as security held by LRCC for the Loan and removing the collateral requested by the Austin Credit Union. Attached hereto and marked as Exhibit "J" is a copy of Personal Property Registry Confirmation Statement number 200409280217.
8. As indicated in Exhibit "D," the amount outstanding by the Defendants to LRCC is $62,729.57 as at September 30, 2005. LRCC seeks judgment in that amount plus costs on a solicittor and client basis as permitted by the terms of the promissory note.
9. I make this Affidavit in good faith in support of a Motion for Summary Judgment.
SWORN before me at the City)
of Winnipeg, in the Province of)
Manitoba, this 27th day of October, 2005.
(Signature)
DOUG REPAY
(Signature unintelligible)
A Commissioner for Oaths in and for the Province of Manitoba
My Commission expires: July 21/07
incerely,
Clare L. Pieuk
---------------------------------------------------------------------------
File no. CI-01-42648
THE QUEEN'S BENCH
WINNIPEG CENTRE
BETWEEN: LOUIS RIEL CAPITAL CORPORATION
Plaintiff
DARREL R. DESLAURIERS and TAMMY J. GOSSELIN
Defendants
____________________________________________________________
AFFIDAVIT OF DOUG REPAY
SWORN THE 27 th DAY OF OCTOBER, 2005
____________________________________________________________
DUBOFF EDWARDS HAIGHT & SCHACHTER
Barristers and Solicitors
1900 - 155 Carlton Street
Winnipeg MB R3C 3H8
WILLIAM G. HAIGHT
Phone: (204) 942-3316
File No. 950033-2504
AFFIDAVIT
I, DOUG REPAY, of the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY THAT:
1. I am the manager of Louis Riel Capital Corporation ("LRCC"), the Plaintiff herein and as such have personal knowledge of the facts and matters hereinafter deposed to by me, except where such facts and matters are stated to be based upon information and belief, in which case I do verily believe those facts and matters to be true.
2. On February 2, 2004, LRCC loaned to the defendants $52,500.00. The internal account number attributed to this loan by LRCC was account number 0010-03 (the "Loan").
3. On February 6, 2004, the Defendants signed a promissory note in the amount of $52,000.00 in favour of LRCC. Attached hereto and marked as Exhibit "A" is a photocopy of the promissory note.
4. Prior to the Loan, the Defendant Darryl Deslauriers had granted to LRCC a general security agreement over assets he used in his business carried on under the name D & T Trucking. This general security agreement secured payment of all present and future obligations, indebtedness and liability of Darryl Deslauriers to LRCC. Attached hereto and marked as Exhibit "B" is a photocopy of a general security agreement dated April 5, 2000 (the "General Security Agreement").
6. Attached hereto and marked as Exhibit "D" is a copy of LRCC's history for the Loan from February 2, 2004 to September 30, 2005. Information on this loan history indicates the following:
a) as at February 2, 2004, $52,500.00 was loaned by LRCC to the Defendants;
b) on May 27, 2004, one payment of $54,106.00 and another of $139.26 (totalling $54, 245.26) was paid on account. On that same date a disbursement of $54,106.00 was made;
c) since May 27, 2004, no payments whatsoever have been made on account of this loan.
7. The Defendants have alleged in their Statement of Defence that on May 27, 2004, Mr. Deslauriers paid to LRCC $54,384.52 and thereby repaid all amounts outstanding to LRCC. This is not true. My review of the file indicates that on May 27, 2004, a substitution of security under the General Security Agreement occurred and nothing more. The following are the details of this substitution of security;
a) on May 17,2004 Mr. Wayne Gray, Acting General Manager of LRCC wrote to Volvo Manitoba Truck Centre advising that LRCC had approved financing for Mr. Deslauriers to purchase a truck which was conditional upon the sale of other assets owned my Mr. Deslauriers. Attached hereto and marked as Exhibit "E" is a copy of Mr. Gray's letter of May 17, 2004, addressed to Volvo Manitoba Truck Centre;
b) on May 27, 2004, LRCC received a certified cheque from the Austin Credit Union in the amount of $54,245.26. This letter rtter requested that Mr. Gray sign the letter acknowledging release of the following security:
- 1987 Freightliner
- 1988 Ford L9000
-1987 Fruehauf Trailer
- 1986 Midland Trailer
- 1978 Edson Camper Trailer
Attached hereto and marked as Exhibit "F" is a copy of the Austin Credit Union letter of May 26, 2004;
c) on May 27, 2004, Mr. Deslauriers signed a Retail Buyers Vehicle Order and Agreement with Volvo Manitoba Truck Centre for a 1999 Volvo Model #VNL64T610 ("the "Volvo Tractor"). The purchase price was $48,150.00. Attached hereto and marked as Exhibit "G" is a copy of the agreement for the Volvo Tractor;
d) on May 27, 2004, Mr. Gray signed two receipts indicating that LRCC had received for the benefit of Mr. Deslauriers $54,245.26. From this amount 454,106.00 was to be utilized for the purchase of the Volvo Tractor and $139.27 was to be applied on account of the loan. Attached hereto and marked as Exhibit "H" are photocopies of LRCC receipt numbers 3054 and 3055;
e) on May 27, 2004. LRCC issued a cheque jointly payable to Darryl Deslauriers and Volvo Manitoba Truck Centre in the amount $54,106.00. This cheque referenced the same account number for the Loan. On that same day LRCC also issued a cheque to the credit of the Loan in the amount of $139.26. Attached hereto and marked as Exhibit "I" are photocopies of the aforementioned cheques;
f) both cheques were negotiated and Mr. Deslauriers purchased the Volvo Tractor;
g) on May 27, 2004, a financing change statement was filed in the Manitoba Personal Property Registry adding the Volvo Tractor as security held by LRCC for the Loan and removing the collateral requested by the Austin Credit Union. Attached hereto and marked as Exhibit "J" is a copy of Personal Property Registry Confirmation Statement number 200409280217.
8. As indicated in Exhibit "D," the amount outstanding by the Defendants to LRCC is $62,729.57 as at September 30, 2005. LRCC seeks judgment in that amount plus costs on a solicittor and client basis as permitted by the terms of the promissory note.
9. I make this Affidavit in good faith in support of a Motion for Summary Judgment.
SWORN before me at the City)
of Winnipeg, in the Province of)
Manitoba, this 27th day of October, 2005.
(Signature)
DOUG REPAY
(Signature unintelligible)
A Commissioner for Oaths in and for the Province of Manitoba
My Commission expires: July 21/07
posted by Clare L. Pieuk at 9:38 PM
2 Comments:
Good work . I was waiting to see if you were going to get to this stuff. There's a bit more out there though involving delsauriers- the good news is its all in the public domain, you just have to keep digging! Sanderson knows a lot about what I'm talking about.
This is a real embarassing and a new low for you. What next - are you going to publish people's tax returns? What about if someone was charged with littering thirty years ago?? I don't know anything about these guys or this Louis Riel financing company, but I don't know why the fact these guys owe money - even if it's lots of money - to a company is worth publishing. Leave them alone - why are you bothering these people!
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