Friday, November 30, 2007

CA-CHING$ CA-CHING$ CA-CHING$ - another good reason to sign the petition Canadian taxpayers!



Counselor Murray Norman ($The Happy, Wealthy Litigator$) Trachtenberg

Tansi/Good Day Folks:

Received yet another "package" from Counselor Trachtenberg. This is about the third or fourth time he has asked leave from the courts to amend his pathetic Plaintiffs' Statement of Claim against remaining Co-Defendants Terrance Paul Belhumeur and me.

Vanessa Everton was dropped after she signed a two page letter saying she was unaware of any MMF malfeasence. Huh? That's sure not what she told me in private conversation! I'd post it for the world to see but Manitoba Court of Queen's Bench Rules preclude its publication on the internet.

Counselor Trachtenberg is asking the court's permission to make several chicken .... changes to the Plaintiffs' Statement of Claim. When an SC is initially amended, the procedure is to underline the revisions. We're now up to double lines. Since you can't underline words and phrases when composing a post for a blog, we will highlight them in his favourite colour - GREEN! Here are the most important ones:

(a) Page 5 Paragraph 8:

The plaintiff Rita Cullen ("Cullen") resides in the City of Brandon and is a former director of the MMF for the Southwest Region of the MMF having been elected on March 26, 2003. Prior to the March 2003 election, Cullen had been a director of the southwest Region of the MMF for many years. Cullen ceased being a director of the MMF on June 29, 2006.

(b) Page 6 Paragraph 11:

The plaintiff William Flett ("Flett") resides in the City of Selkirk and is a former director of the MMF and the Vice-President of the Interlake Region of the MMF having been elected on March 26, 2003. Prior to the March 2003 election, Flett had been a director of the Interlake Region of the MMF for several years. Flett ceased being a director of the MMF on June 29, 2006.

(c) Page 6 Paragraph 15:

The plaintiff Joyce Langan ("Langan") resides in the Town of The Pas and is a former director of the MMF for The Pas Region of the MMF having been elected on March 26, 2003. Langan ceased being a director of the MMF on June 29, 2006.

(d) Page 7 Paragraph 19:

The plaintiff Darryl Montgomery ("Montgomery") resides in the City of Thompson and is a former director of the MMF and at the material time hereto was the Vice-President of the Thompson Region of the MMF having been elected on March 26, 2003. Prior to the March 2003 election, Montgomery has been a director the Thompson Region of the MMF for several years. Montgomery ceased being a director and vice-President of MMF on June 29, 2006.

So here's what we're going to do:

(1) For a very small application fee, anyone can request copies of documents under the Federal Government's Access to Information Act. We are going to request the MMF provide:

Copies of all invoices issued by Counselor Trachtenberg from the time he began billing the Canadian taxpayer funded Federation - that will go all the way back to when he first began holding minimum $250/hour meetings to discuss a lawsuit against www.CyberSmokeSignals.com (sometime in 2003)

(2) Manitoba also funds the MMF. They'll get the same question under our Freedom of Information and Protection of Privacy Act

(3) The name and salary of every public servant earning at least $50, 000 (including Premier Doer) is available in the "Blue Book" which can be viewed at the Provincial Archives Building. Why don't we know exactly how much David Chartrand earns? A few years ago I saw a document which clearly indicated it was over $104,000. What's it today?

(4) CyberSmokeBlog will assemble every page of documentation it has received since this retarded case first began (February 2004) so we can tell you exactly how many. Don't forget Counselor Trachtenberg had to do the same for Co-Defendants Belhumeur and Everton while she was a Defendant - CA-CHING! CA-CHING! CA-CHING!

(5) Next, we'll visit a Winnipeg attorney who charges at least $250/hour to ask how much would they have billed so far?

Stay tuned we'll publish the results shortly.

Sincerely,
Clare L. Pieuk

P.S. Throughout this asinine, expensive taxpayer funded process Counselor Trachtenberg has been following, he has produced countless old www.CyerSmokeSignals.com postings ad nauseam in a feeble attempt to build a case which is like a house of cards built on a foundation of sand. Not once has he put on the table the dozens and dozens and dozens of examples where CSS.com published free announcements for MMF Locals having fundraisers for various worthwhile causes. Temporary lapse of memory learned friend?

We've all heard the old expression about trying to make a silk purse from a sow's ear. Well, that's exactly what solicitor Trachtenberg is doing. This is an abuse of the legal process - wonder how much longer he can stretch it out. Thank you Canadian taxpayers!

---------------------------------------------------------------------------
POSNER & TRACHTENBERG
Barristers, Solicitors & Notaries Public
710-491 Portage Avenue
Winnipeg, MB R3B 2E4
Fax: (204) 944-8878

Gerald S. Posner
Manitoba & Ontario Bars

Murray N. Trachtenberg, B.S., LL.B.
Direct Line: (204) 940-9602
___________________________________
November 28, 2007

Mr. Terry Belhumeur
2020 Burrows Avenue
Winnipeg, Manitoba R2R 0Y8

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

Gentlemen:

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

The plaintiffs intend to issue a Re-Amended Statement of Claim. Enclosed please find copies of the following:

1. Notice of Motion returnable Wednesday, December 12, 2007 at 9:30 a.m.

2. Consent and attached draft Re-Amended Statement of Claim.

The affidavit of Mr. Boulette will be sent to you as soon as it is available.

The double underlined portion of the Re-Amended Statement of Claim indicates the proposed new amendments. The amendments deal with the fact that notices of discontinuance have been filed with respect to Mr. Delaronde, Ms. McIntyre and Ms. Everton and that a number of plaintiffs are no longer directors of the MMF. As well, paragraph 70 now includes the words "thereby republishing same."

If you are prepared to consent to the Re-Amended Statement of Claim being issued, please sign the enclosed Consent form and return same to me prior to the hearing on December 12, 2007. If you do consent, there is of course no need for you to attend at the hearing, otherwise, you should attend to advise the Court as to your position with respect to this motion.

Yours truly,
MURRAY N. TRACHTENBERG
MNT/lec
Encs.
---------------------------------------------------------------------------
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

Plaintiffs

- and -

Defendants

Terry Belhumeur, Clare L. Pieuk and Vanessa Everton

UNCONTESTED NOTICE OF MOTION

TAKE NOTICE THAT the plaintiffs will make a motion before the Presiding Master on Wednesday, December 12th, 2007 at 9:30 a.m. or as soon after that time as the motion can be heard at the Law Courts Building, 408 York Avenue, in the City of Winnipeg, in Manitoba.

THE MOTION IS FOR:

1. An order granting leave to issue a re-amended statement of claim;

2. Costs;

3. Such further and other relief as the nature of the case may require and this Honourable Court deem just.

THE GROUNDS FOR THE MOTION ARE:

1. Queen's Bench Rule 26.02(d);

2. Such further and other grounds as counsel may advise and this Honourable Court may allow.

THE FOLLOWING DOCUMENTARY EVIDENCE will be referred to at the hearing of this motion:

1. Affidavit of Oliver Boulette to be filed;

2. Such further and other documentary evidence as counsel may advise and this Honourable Court may allow.

November 28, 2007

POSNER & TRACHTENBERG
Barristers and solicitors
710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4

MURRAY N. TRACHTENBERG
counsel for the plaintiffs
-----------------------------------------------------------------
Counselor Trachtenberg:

What the hell you thinking or are you? You're asking me to sign a document before MMF Executive Director Oliver Boulette's affidavit has been filed with the courts? Nice try! Remember, you're not dealing with the Federation's current leadership you know.

Sure hope we draw Madam Justice Deborah McCawly of Manitoba Court of Queen's Bench. As you well known from our previous appearances before her, it's sure obvious My Lady doesn't think much of of your clients' case!

How much you figure it's costing Canadian taxpayers for this silly package of nonsense? Wonder what the Red Baron thinks of all this?

Oy Vey!
Clare L. Pieuk

P.S. HAPPY HANUKKAH MR. TRACHTENBERG! And thank you for helping this blog go green - green's big these days watch our visitor numbers go through the roof!

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