Saturday, April 28, 2007

"So what say you?"

Ms Paula Todd
Host
The Verdict with Paula Todd
www.theverdict.ctv.ca
theverdict@ctv.ca

Hi Paula,

There's a Manitoba case which CyberSmokeBlog (CSB) believes would be of great interest to many of your viewers if featured on one of The Verdict's segments. The docket number is Queen's Bench Registry CI-01-42919. The five day trial (April 2006) of Metis National Council Secretariat Inc. and Clement Chartier on behalf of the Metis National Council and the Metis National Council versus W. Yvon Dumont was presided over by Justice John Menzies. An article about this litigation appeared last year in The Lawyers Weekly and was covered by The Winnipeg Free Press.

The Issue: Should a publicly funded organization be allowed to use taxpayer dollars to sue a private citizen(s)?

The Parties: Defendant W. Yvon Dumont represented by lead attorney Anders Bruun assisted by Jeffrey J. Niederhoffer. Acting for the Plaintiffs Murray Norman Trachtenberg.

The Outcome: Justice Menzies written decision handed down July 5, 2006 paragraph [61], page 21:

"The action against Dumont is therefore dismissed. If the parties cannot agree as to cost, the matter can be scheduled before me for a determination of entitlement and quantum. I would expect counsel requesting an order of costs to provide me with the particulars of the costs being requested prior to any hearing so that I may review the request prior to argument."

Our research suggests no appeal was filed. An educated guess is total court costs will be in excess of $100 thousand.

Best Wishes,
Clare L. Pieuk

Electronic Copy:
theverdict@ctv.ca
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THE CAST










The Honourable W. Yvon Dumont
Canada's First Metis Lieutenant Governor (1993-1996)










Clement Chartier, Q.C.
President, Metis National Council










Anders Bruun
Senior Partner
Campbell Marr LLP
www.campbellmarr.com
abruun@campbellmar.com











Jeffrey J. Niederhoffer
jnieder@shaw.ca











Senior Investigative Reporter
The Winnipeg Free Press
dan.lett@freepress.mb.ca










David N. Chartrand
President
Manitoba Metis Federation











Murray Norman ("Happy!") Trachtenberg
mtrachtenberg@ptlaw.mb.ca

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