Canadian taxpayer donation or real estate speculation?

Entrance To Upper Fort Garry 130 Main Street

Tansi/Good Day Readers:

In late March, 2008 President David Chartrand announced, with great public fanfare, the Canadian taxpayer financed Manitoba Metis Federation would contribute $1 million to The Friends of Upper Fort Garry to re-develop the original site (1822) of the Hudson's Bay Company trading post in what is now downtown Winnipeg. The plan is to turn it into a Provincial Historical Park and Interpretative Centre. Of course, there were no details from exactly where in the MMF's budget the funds would be taken or over what time period.

The following posting appeared yesterday (www.derrylsanderson.blogspot.com) which caught our attention. IF true, what occupies 100 Main Street? Answer. It's a three story brick building directly beside Upper Fort Garry being used by Winnipeg's Planning, Property and Development Department (www.winnipeg.ca/ppd/zoning_6400review.stm). The Contact Us link on its webpage gives a City Hall Information/Citizen Inquiry Service telephone number [(204) 986-2171] which we'll call in an attempt to find out whether there's any truth to the rumour the building has been sold and if so when, to whom and for how much?

If unsuccessful next we'll try The Winnipeg Land Titles Office:

276 Portage Avenue
Winnipeg, Manitoba R3C 0B6
Phone: (204) 945-2042
Fax: (204) 948-2140
lto@gov.mb.ca
www.gov.mb.ca/tpr/agency/contacts.html

IF this report is true, who will occupy 100 Main Street for the next 5 years or so untill it's demolished - MMF employees? Doesn't the Federation already have more space than it knows what to do with at 150 Henry Avenue? Will it be leased and if so to whom? Lots of questions to be answered before the rumour can be confirmed.

There's another reason we're interested in this report. Erstwhile MMF lawyer Murray Norman Trachtenberg in his April, 2001 submission on behalf of the Federation before the Internet Corporation for Assigned Names and Numbers stated in part:

The Manitoba Metis Federation Inc. ("MMF") is a non-profit, non-share company incorporated pursuant to the laws of the Province of Manitoba on December 28, 1967. According to its' Constitution, the objectives of the MMF are as follows:

(i) To promote the history and culture of the Metis people and otherwise to promote the cultural pride of its membership

(ii) To promote the education of its members respecting their legal, political, social and other rights

(iii) To promote the participation of its members in commmunity, municipal, provincial, federal, Aboriginal, and other organziations

(iii) Generally, to promote the political, social, and economic interests of its members

IF, in fact, what Anonymous says is true does such a transaction satisfy the criteria of a non-profit, company especially if the eventual sale price for the property significantly exceeds its cost of purchase?

Sincerely,
Clare L. Pieuk
--------------------------------------------------------------------------
MMF Purchases 100 Main Street?

Anonymous has left a new comment on your post, "The Sign Is Up In St. Rita.....MMF Ready To Celebrate!"

Derryl, my comment is about the friends of Upper Fort Garry and the million dollars that David Chartrand pledged to them. The Federation stands to profit handsomely from this "gift" as it is little known that MMF has purchased the building at 100 Main Steet. Plans are to occupy the building for now and tear it down in about 5 years.....for what, an interpretive centre.....? David Chartrand has stated he intends to make economic development a focal point for the MMF.

I can foresee many more land/property purchases for the MMF Inc. in the future it's a great idea.....but will the members know the wheres and whys of these deals or see any of the benefits? (Derryl Sanderson)

Nine good reasons why Boston will win the 2008 NBA Championship!

"RED" AUERBACH

LARRY LEGEND

"Havlicek stole the ball! Havelicek stole the ball!" ..... Johnny Most

(Game 7 1965 Eastern Conference Finals Boston 110 Philadelphia 109)

THE LATE JOHNNY MOST

Both are losers heading south!

Lionel R. R. Chartrand President

Anonymous has left a new comment on your post, "Whatever Happened To Lionel Chartrand CyberSmokeSignals.com's Former Legal Advisor?"

HA HA HA HA HA HA HA HA HA HA HA HA! What's happened with this lawsuit?

----------------------------------------------------------------------------

Dear Anonymous:

Thank you for writing. Legal Advisor - HA HA HA HA HA HA HA HA HA HA HA HA HA! He either skipped all his Intellectual Property Law Courses (defamation, slander, libel) or slept through them! Who knows who cares? Good riddance both are losers heading south!

Sincerely,

Clare L. Pieuk

The New Fugitives!

Steve and Arlene have left a new comment on your post, "True confession time Steve!"

Ha ha! No problem, it took us a little time but we get it. You know the weirdest thing is we're a little disappointed, but this makes a lot more sense. We didn't get what you were saying earlier when one of the actors was in a witness protection program or that the one-armed man was caught sleeping under a sign!

But seriously what a crazy situation which would also make a good play. Good luck, you "fugitive" hope they never catch you although having a website may lead them straight to you! Just don't fall asleep under a sign and you'll be all right.

Steve and Arlene

P.S. Arlene was duped too by this so she can't complain!

P.P.S. If they ever did a play based on this who would really play you and the other fugitive?

---------------------------------------------------------------------------

Dear Steve and Arlene:

Thank you for writing. Laugh as you will but there's a story behind that sign.

Late last year the Manitoba Metis Federation unilaterally decided it would impose one of its signs on the good people of Ste. Rita a small town of about 1,300 located an hour east of Winnipeg. What annoyed the folks was use of the word "Government" giving the mistaken impression the MMF was in charge - not! The citizenry even organized a petition the majority of which were in favour of removing it or at least deleting the ambiguous term. David Chartrand wouldn't hear of it so late one night someone set it on fire. Well, a replacement has been erected on private land near the outskirts. The RCMP rarely seen in the area are now keeping a close eye on it.

The person on the extreme left in the photograph is my Federal Member of Parliament The Honourable Raymond Simard. He was asked to attend the original dedication ceremony by his Party's leader but was completely oblivious to the controversy brewing.

As for the reference to the Witness Protection Program, it relates to the fact my photograph is not on the internet which is the way we like it.

In this era of re-makes why not bring back The Fugitive a la 2008? Who better than Donald Sutherland - Kiefer's too young.

Since the early 1960s the elder Sutherland has been in hundreds of movies encompassing just about every role imaginable. Watched him late the other night playing a German spy who had infiltrated Britian during the second World War. A so so plot but his acting was great.

And the other fugitive? Grizzly Adams. Sincerely,

Clare L. Pieuk

Plaintiff Profile!

Darryl Douglas Montgomery

Tansi/Good Day Readers:

One of the Plaintiffs in the defamation lawsuit against www.CyberSmokeSignals.com is former MMF Thompson Regional Vice-President and Federation Provincial Director Darryl Montgomery who did not run in the June 29, 2006 election. We do not know the reason(s).

There are three Manitoba Court of Queen's Bench files in which he is named as a Co-Defendant:

(1) The Louis Riel Capital Corporation versus Darryl Montgomery et al. (CI 04-01-39016)

(2) Citifinancial versus Darryl Montgomery (CI 04-01-38903)

(3) Citifinancial versus Darryl Montgomery (CI 04-01-13890)

We will begin posting material from these files on the internet starting with the first of these made up of 29 documents comprising 73 pages.

Sincerely,

Clare L. Pieuk

--------------------------------------------------

File No. CI 04-01-39016

In The Queen's Bench Winnipeg Centre

Between:

Louis Riel Capital Corporation

Plaintiff (Creditor)

- and -

Darryl Douglas Montgomery, Jennifer Alyne Montgomery, and Matthew Alvin Bushby

Defendants (Debtors)

- and -

Rogers Cable Inc.,

Garnishee

________________________________________

Affidavit For Garnishment

by general creditor

(Section 4 of The Garnishment Act)

________________________________________

DUBOFF EDWARDS HAIGHT & SCHACHTER

Barristers and Solicitors

1900 - 155 Carlton Street

Winnipeg, MB R3C 3H8

William G. Haight

Telephone: 942-3361

Telefax: 942-3362

File No. 950033-2501

I, William G. Haight, of the City of Winnipeg, in the Province of Manitoba, Lawyer Make Oath And Say:

1. I have knowledge of the facts herein deposed to by me except where they are stated to be based upon informaion and belief.

2. Judgment was pronounced on the 27th day of September, 2004, whereby the above named Debtors were ordered to pay the above named Creditor the sum of $62,604.33. Costs of $759.72 were assessed against the Defendants.

3. I am advised by Doug Repay, Manager of Louis Riel Capital Corporation ("LRCC") and do verily believe that $14, 735.00 has been paid toward this judgment since it was entered.

4. That as of this date $50,738.08 remains payable by the Defendants which sum includes interest from September 27, 2004 to March 16, 2006, in the amopunt of $1,984.03 calculated at the Queen's Bench Post-Judgment Interest Rate of 2.5% plus costs of $125.00 all of which is being sought by a general creditor. Attached hereto and marked as Exhibit "A" to this my Affidavit is a printout which sets out the interest calculation, the total payments made and the amount outstanding. The printout does not include the costs of $125.00.

Note: We did not include Exhibit "A" because it does not contribute anything substantive to this case.

5. I am informed by Doug Repay and do verily believe that the Defendant/Debtor Jennifer Alyne Montgomery, is employed by Rogers Cable Inc. which is located at 15 Selkirk Avenue, in the City of Thompson, in the Province of Manitoba.

6. I therefore believe that a debt in the nature of wages is, or will become, payable from Rogers Cable Inc. to the Defendant/Debtor Jennifer Alyne Montgomery.

SWORN before me at the City of)

Winnipeg, in the Province of)

Manitoba, this 16th day of March 2006)

(Signature) William G. Haight

(Signature) Shannon Glenn

A Commissioner For Oaths In And For The Province Of Manitoba.

My Commission Expires: July 21, 2007.

--------------------------------------------------

File No. CI 04-01-39016

Notice Of Stay Of Proceeding

In The Matter Of The Bankruptcy Of Jennider Alyne Montgomery

Of The City Of Thompson, In The Province of Manitoba

Summary Administration

Date Of Insolvency, February 20, 2008

Notice is hereby given that the above debtor Filed a bankruptcy.

Every bankruptcy made in pursuance of this Act takes precedence over all judicial or other attachments, garnishments, certificates of judgment, judgments operation as hypothecs, executions or other process against the property of a bankrupt, except such as have been completely executed by payment of the creditor of his agent, and except also the rights of a secured creditor.

Upon the filing of a proposal made by an insolvent person or upon the bankruptcy of any debtor, no creditor with a claim provable in the bankruptcy shall have any remedy against the debtor of his/her property or shall commence a claim provable in bankruptcy until the trustee has been discharged or until the proposal has been refused, unless with the leave of the Court and on such terms as the Court may impose.

Where a(n) bankruptcy has been made, the Sheriff or other officer of any Court or any person having seized property of the bankrupt under execution of attachment of any other process shall, upon receiving a copy of the bankruptcy certified by the Trustee as a true copy thereof, forthwith deliver to the Trustee all the property of the bankrupt in his hands.

Where the Sheriff has sold the property of the bankrupt or any part thereof, he/she shall deliver to the Turstee the money so realized by him/her less fees and the costs referred to in subsection 70 (2).

Any property of a brankrupt under seizure for rent or taxes shall on production of a copy of the bankruptcy certified by the Trustee as a true copy thereof be delivered forthwith to the Trustee, but the costs of distress are a first change thereon, and if such property or any part thereof has been sold, the money realized therefrom less the costs of distress and sale shall be paid to the Trustee.

Dated at the City of Winnipeg in the Province of Manitoba, this 20th day of February 2008.

DBO Dunwoody Limited - Trustee

Per: Signature (S. Penner)

DBO Dunwoody Limited

200 Graham Avenue, 8th Floor

Winnipeg, MB. R3C 4L5

Phone: (204) 956-7200

Fax: (204) 926-7227

..... to be continued

True confession time Steve!

Steve has left a new comment on your post, "The Fugatives! starring the MMF & Company Inc. Theatre Players"

My wife and I are actually great fans of The Fugitive and we couldn't believe that there was a stage play running based on this classic TV series. We're actually writing you from Omaha, but we'd definitely be willing to come out to Winnipeg to see this. Can you let us know where, when, how much, all the usual?

Steven and Arlene Chipman
---------------------------------------------------------------------------
Dear Steve,

Thank you for writing. Great series wasn't it!

We don't quite know how to break this to you but there is no MMF & Company Inc. Theatre Players. To explain:

(1) The Manitoba Metis Federation Incorporated is a Canadian taxpayer funded organization with an annual budget of about $25 million. In May, 2005 it filed a defamation lawsuit against a website (www.CyberSmokeSignals.com) which since the Summer of 2000 had been openly critical of its lack of accountability, organizational transparency and spending practices

(2) It might help in our saterical, imaginary re-make of the original The Fugitive if we gave you a little insight into why we choose the cast we did:

(i) Fugitive 1 - Terry Belhumeur was and is the registered owner of CyberSmokeSignals. He's a guide and operates an outfitting business in Manitoba during the duck and goose hunting season. CI 05-01-41955 is the Manitoba Court of Queen's Bench Registered File Number for the case

Terrance Paul Belhumeur

(ii) Fugitive 2 - me who contributed many articles to CSS.com

Photograph unavailable - enrolled in RCMP's Witness Protection Program

(iii) The One Armed Man - Lionel R. Chartrand a Manitoba Legal Aid attorney who was serving as the site's pro bono General Legal Counsel. As far back as September, 2003 sources had advised us the MMF had assigned one of their solicitors (likely Murray Trachtenberg) to monitor CSS looking for litigious material. In effect, we'd been placed on a "defamation watch" which is why we retained Lionel Chartrand. But get this, if you can believe it he was the one who conceived the idea for the allegedly defamatory article, yes, wrote it and gave his permission to post it on the internet. We've got the black print (i.e. e-mail) to prove it.

Lionel R. Chartrand

It just gets better. Unbeknownst to us at the time, he entered into a personal services contract with the same MMF which we later learned about quite by accident. Wonder if that's why he has never been named a Co-Defendant in the lawsuit? Doesn't end there. Documentation we saw strongly suggests Manitoba Metis Federation President David Chartrand was prepared to ask one of their attorneys who is now suing us (Murray Norman Trachtenberg) to draft a retainer agreement if Lionel Chartrand were interested

(iv) Police Lieutenant Paul Girard - we couldn't think of anyone better suited to play the role than MMF and Winnipeg attorney Murray Norman Trachtenberg. His relentless, obsessive-compulsive .... fixation with such a piddly lawsuit is legendary. We estimate over the years he's raked up at least $150,000 in publicly financed billables (he charges a minimum $250/hour)

Murray Norman Trachtenberg

(v) Stafford Chief of Police - a Chief must be an exemplary citizen of impeccable character right?

David "Noble" Chartrand

So if you visit Winnipeg, Steve, please don't come to see The Fugitives as a stage play. God, we hope Arlene is still speaking to you.

Sincerely,
Clare L. Pieuk

"The Fugitives!" starring the MMF & Company Inc. Theatre Players

Tansi/Good Day Readers:

The MMF's defamation lawsuit against www.CyberSmokeSignals.com reminds us somewhat of the old 1960s (1963-1967) black and white ABC Television series, The Fugitive starring David Janssen as Dr. Richard Kimble an innocent man from the fictional town of Stafford, Indiana who was falsely convicted of his wife's murder and given the death penalty. En route to death row, Kimbel's train derails and crashes allowing him to begin a cross-country search for the real killer, a one-armed man played by Bill Raisch.

Dr. Kimbel is relentlessly pursued by the obsessive-compulsive, ...... fixated Stafford Police Lieutenant Philip Girard (Canadian actor Barry Morse) determined to get a conviction at any cost!

Fast forward to 2008. So we wondered, who'd we cast from the MMF & Company Inc. Theatre Players if we were to re-make the series. Here's our choices.

THE FUGITIVES!

A Quinn Martin Production (2008)

Starring

Fugitive 1 . . . . . Terry Belhumeur (Manitoba No. CI 05-01-41955)

Fugitive 2 . . . . . (Enrolled in RCMP Witness Protection Program!)

One-Armed Man . . . . . Lionel R.R. Chartrand

Police Lieutenant Philip Girard . . . . . Murray Trachtenberg

Stafford, Indiana "Chief" of Police . . . . . David Noble Chartrand

THE END

Update: THE FUGITIVES subsequently escaped, remain at large and have since been featured several times on America's Most Wanted - if you've seen them please call Crime Stoppers. Lieutenant Trachtenberg and "Chief" Chartrand recently nabbed the One-Armed Man on the outskirts of Ste. Rita, Manitoba sleeping under an MMF sign!

Mr. Darrel Deslauriers you are now officially a free man again - congratulations, Sir!

POSNER & TRACHTENBERG
Barristers, solicitors & Notaries Public
710-491 Portage Avenue
Winnipeg, MB R2B 2E4
Fax: (204) 944-8878

Gerald S. Posner
Manitoba & Ontario Bars

Murray N. Trachtenberg, B.A., LL.B.
Direct Line: (204) 940-9602
e-mail: mtrachtenberg@ptlaw.mb.ca
________________________________________
May 23, 2008

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

Dear Mr. Pieuk:

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 Notice of Discontinuance filed on behalf of the plaintiff Darrel Deslauriers on May 22, 2008.

Yours truly,
(Signature)
MURRAY N. TRACHTENBERG
MNT/lec
Enc.
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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

Plaintiffs

- and -

Terry Belhumeur, Clare L. Pieuk and Vanessa Everton

Defendants
________________________________________
Notice of Discontinuance
________________________________________

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

1. A Statement of Claim in this action has been served.

2. The plaintiff Darrel Deslauriers wholly discontinues his claim against the defendants, without costs to any of the parties, and the within Notice of Discontinuance shall constitute a defence to any subsquent action as contemplated by Queen's Bench Rule 23.02(1).

May 22, 2008

POSNER & TRACHTENBERG
Per: (Signature)
______________________________
Murray N. Trachtenberg
Counsel for the plaintiffs

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

AND TO: Terry Belhumeur
2020 Burrows Avenue
Winnipeg, Manitoba R2R 0Y8

Note: When a party has been removed from a lawsuit the usual procedure is to double underline and draw a line through the person's name. Blogs do not have this formatting capability so we've used dark blue italics.

Plaintiffs - repent it's never too late!

Tansi/Good Day Readers:

Those who live in glass houses shouldn't cast the first stone! No doubt MMF Counsel Murray Norman Trachtenberg has already run a complete records check on me. Well guess what, he didn't find so much as an unpaid parking ticket. Too, too bad the same couldn't be said about several of his clients!

A recent online search of Justice Manitoba's Case File Registry revealed Documents 126 and 127 recorded May 22, 2008 - Defendant Terry Belhumeur's consent to allow Darrel Deslauriers to withdraw as a Plaintiff in the Federation's lawsuit against www.CyberSmokeSignals.com and a Notice of Discontinuance respectively. My Consent Form had been signed and returned earlier to Counselor Trachtenberg.

And with that Mr. Deslauriers has now officially and finally ended his tenure as a Plaintiff. Recently he could be heard walking down the street whistling and chanting to himself, "Free at last! Free at last! Thank God Almighty, I am free at last!"

Former Plaintiff Deslauriers

As for the rest of you, you're on the cusp of becoming household names - your court records are in the public domain. Therefore, at trial you can and will be cross-examined under oath about this and other "very interesting information" which has come to our attention - all before a courtroom full of spectators which will undoubtedly include the mainstream media, as well as, the worldwide blogging community. We trust your Canadian taxpayer funded Counsel has explained to you the concept dirty laundry getting washed in public.

However, all is not lost there is a way out. Like Mr. Deslauriers, Richard Delaronde and Bonnie McIntyre before you (Winnipeg Regional Vice-President Ron Chartrand never agreed to become a Plaintiff from the get to - a very smart decision!), you too can join them on the sidelines. Here's what to do:

(1) Contact your solicitor:

Murray Norman Trachtenberg

710-491 Portage Avenue

Winnipeg, Manitoba R3B 2E4

Direct Line: (204) 940-9602

mtrachtenberg@ptlaw.mb.ca

(2) Don't ask tell him you are seeking Co-Defendants' Belhumeur and Pieuk's consent to file a Notice of Discontinuance. Remember, you are the client, Counselor Trachtenberg has no choice but to follow your instructions

(3) Murray Trachtenberg will then send the Co-Defendants a simple form letter (example):

The defendant Clare L. Pieuk hereby consents to the plaintiff (whomever) filing a Notice of Discontinuance in the form attached hereto. Dated at Winnipeg, Manitoba this ____ day of (month, year). Per: (my signature)

(4) Upon receipt, attorney Trachtenberg will send the Defendants a follow up Notice of Discontinuance form letter saying:

(i) A Statement of Claim in this action has been served.

(ii) The Plaintiff (whomever) wholly discontinues his claim against the Defendants, without costs to any of the parties, and the within Notice of Discontinuance shall constitute a defence to any subsequent action as contemplated by Queen's Bench Rule 23.02(1).

The good Mr. Trachtenberg will sign, date it and - POOF! - like Richard Delaronde, Bonnie McIntyre and Darrel Deslauriers before you soon you'll be able to walk down the street whistling and chanting, "Free at last! Free at last! Thank God Almighty, I'm free at last!"

Otherwise, you'll become the star attraction in an international public freak show - Counselor Trachtenberg won't be able to protect you any longer!

Sincerely,

Clare L. Pieuk

One trillion dollars!

Anonymous has left a new comment on your post, "Plaintiffs - your pizza and haircut money arrived!"

Might as well be for 1 trillion dollars, they won't get their pizza, they'll never collect a cent.
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Dear Anonymous:

Thank you for writing. It's very, very important David Chartrand and the Plaintiffs believe they're at least getting something, albeit pizza and haircuts, for the thousands, and thousands and thousands of Canadian taxpayer dollars they're paying lawyer Murray Trachtenberg to sue www.CyberSmokeSignals.com for alleged defamation.

Sincerely,
Clare L. Pieuk

Plaintiffs - your pizza and haircut money arrived!

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.A., LL.B.
Direct Line: (204) 940-9602
e-mail: mtrachtenberg@ptlaw.mb.ca
________________________________________
May 22, 2008

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

Dear Mr. Pieuk:

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

Encolsed please find a copy of the Order of Master Copper dated May 15, 2008

Yours truly,
MURRAY N. TRACHTENBERG
MNT/lec
Enc.
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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

Plaintiffs

- and -

Terry Belhumeur, Clare L. Pieuk and Vanessa Everton

Defendants
________________________________________
Order
________________________________________

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
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The Honourable)
Master Cooper)
Monday, the 12th day of May, 2008

Order

This Motion, made by the plaintiffs for:

1. An order that the statement of defence of the defendant Terry Belhumeur be struck out or, in the alternative, an order that the defendant Terry Belhumeur provide a proper affidavit of documents and complete responses to the undertakings given at his examination for discovery held on January 28, 2008 by such date as shall be established by this Court, failing which the statement of defence of the defendant Terry Belhumeur shall be struck out;

2. Costs payable to the plaintiffs by the defendant Terry Belhumeur forthwith and in any event of the cause;

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

was scheduled for April 28, 2008 and adjourned to this day and heard at the Law Courts Building, 408 York Avenue, in the City of Winnipeg in Manitoba.

On Reading the notice of motion and the affidavit of Oliver Boulette sworn April 8, 2008, and on hearing the submission of counsel for the plaintiffs, and the defendant Terry Belhumeur appearing in person, the defendant Clare Pieuk not appearing although properly served as evidenced by the affidavit of service of Louise Coulombe sworn April 17, 2008 and being advised by counsel for the plaintiffs that defendant Terry Belhumeur had now provided an affidavit of documents and responses to the undertakings given during his examination for discovery;

1. This Court Orers that the defendant Terry Belhumeur pay the plaintiffs costs of this motion in the amount of $673.50 inclusive of disbursements and tax, in any event of the cause.

2. This court Orders that approval as to form of this order by the defendant Terry Belhumeur is hereby dispensed with.

May 15, 2008

J.M. Cooper
______________
Master Cooper

Sure make our day sue The Culligan Man!

Tansi/Good Day Readers:

We often think of the United States as being a particlarly litigious society - for example, 13 different courts have entertained cases involving spilled hot coffee one actually succeeding. Stella Liebeck a 79-year-old was awarded $2.9 million by a New Mexico jury because McDonalds dared sell her a 170 degree cup of java. However, in Canada we're not without our no brainers. In the case of the second example (below) while a damage award was certainly justified $2.1 million?

Wonder if we could get say $50 million from the MMF, its Plaintiffs and their attorney Murray Trachtenberg if we successfully countered sued for malicious prosecution in their frivolous, vexatious, spurious defamation lawsuit against www.CyberSmokeSignals.com?

Sincerely,

Clare L. Pieuk

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Supreme Court Overturns Damages For Fly In Bottled Water - Water Company Couldn't Have Known Man Would Become Anxious, Depressed, Judges Rule

By Kirk Makin, Justice Reporter

Globe and Mail

May 23, 2008

Page A5

The Supreme Court of Canada has swatted down a $341,775 damages award to a haridresser from Windsor, Ontario who became depressed and phobic after finding a dead fly in his bottled water.

By a 9-0 judgment yesterday, the court said Culligan of Canada Ltd. cannot be found liable for psychological damages suffered by Waddah (Martin) Mustapha because it could not have reasonably forseen his extreme reaction to finding the fly.

"Mustapha failed to show that it was foreseeable that a person of ordinary fortitute would suffer serious injury from seeing the flies in the bottle of water he was about to install," Chief Justice Beverley McLachlin wrote for the court.

To succeed, she said, Mr. Mustapha would have had to show that Culligan knew he was particularly vulnerable to the sort of stressed experience he endured.

"In this case, however, there was no evidence to support a finding that Culligan knew of Mr. Mustapha's particular sensibilities," the court said. "Unusual or extreme reactions to events caused by negligence are imaginable - but not reasonably foreseeable."

A Lebanese immigrant, Mr. Mustapha is married with two daughters. He co-owns a successful hairstyling business with his wife. his lawyer Paul Pape, said yesterday that Mr. Mustapha, 47, was philosophical when he lost the case - even though he faces paying legal costs for both sides that could reach $500,000.

"The problem with this case was that the facts were seen as silly and risible," Mr Pape said. "Mr. Mustapha stood up to be counted, and he got slapped down. The real problem was that each judge would have had to go back to his or her wife and say: 'I just awarded $300,000 to a guy who saw a fly in his water bottle.' "

Mr Mustapha installed Culligan water dispensers at his business and at his home in 1986 and his family began to drink nothing but the company's bottled water.

Ruling in favour of his lawsuit in 2005, Mr. Justice John Brockenshire of the Ontario Superior Court found that Mr. Mustapha had become edgy, argumentative and depressed. He couldn't sleep, had regular nightmares and refused to even drink coffee because it contained water.

"He pictures flies walking on animal feces or rotten food and then being in his supposedly pure water," Judge Brockenshire said. "He has been constipated, is bothered by revolting mental images of flies on feces, etc., can no longer take long and enjoyable showers and instead, after lengthy treatment can only take perfunctory showers with his head down so the water doesn not strike his face."

Mr. Pape said yesterday that what really unsettled his client was not so much the sight of the dead fly on November 21, 2001, but a feeling that he and his family may have unwittingly consumed any number of insect parts since 1986.

Whether or not his reaction was typical of what one might expect, Mr. Pape said, Culligan ought to have been found liable.

However, Chief Justice McLachlin faulted Judge Brockenshire for considering Mr. Mustapha's subjective response to his discovery - rather than considering objectively what a person with average sensibilities might have felt.

She also attempted to set some guidelines for how damage arising from psychiatric harm should be assessed in future. "Psychological disturbance that rises to the level of personal injury must be distinguished from psychological upset," she said." Personal injury at law connotes serious trauma or illness.

"I would not purport to define compensable injury exhaustively, except to say that it must be serious and prolonged and rise above the ordinary annoyances, anxieties and fears that people living in society routinely, if sometimes reluctantly accept," Chief Justice McLachlin said.

Mr. Pape said it was gratifying that the court rejected any suggestion that his client had been a malingerer. Indeed, Chief Justice McLachlin noted in her ruling that Mr. Mustapha suffered from "a major depressive disorder with associated phobia and anxiety."

"This psychiatric illness was debilitating and had a significant impact on his life; it qualifies as a personal injury at law," she said. "It follows that Mr. Mustapha has established that he sustained damage."

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Court Upholds $2.1-Million Award To Beer Store Worker

By Kirk Makin, Justice Reporter

The Globe and Mail

May 23, 2008

Page A5

A $2.1-million jury award to a Brewer's Retail Inc. employee who was falsely accused of pilfering $160 was richly deserved in light of the company's 13-year" charade of duplicity and deception," the Ontario Court of Appeal ruled yesterday.

It said that Douglas McNeil was wrongly prosecuted for theft, based on surveillance videotapes the company supplied to police, while suppressing other videotape segments that would have exonerated him.

"The aggravated and punitive damages awarded by the jury reflect the jury's sense of outrage at BRI's conduct and the enormity of the harm it concluded McNeil had suffered," Madam Justice Karen Weiler said.

"By its verdict, it is apparent that the jury viewed BRI as a calculating and insensitive company that was prepared for its own purposes, to see an innocent man convicted of a crime it knew he did not commit."

The jury award is one of the largest ever rendered in a malicious prosecution lawsuit. It was also a particularly flagrant case of corporate wrongdoing to an innocent employee, she said.

"Shocked and devastated by his arrest, proclaimed publicly as a common thief, terminated from his employment, forced to go on unemployment insurance, forced to sell the family home and move to an apartment, forced to endure the anguish, stress and uncertainty of a thirteeen-year ordeal - these are but some of the consequences McNeil was exposed to by reason of BRI's callous and malicious conduct, " Judge Weiler said.

Brewer's Retail Inc. is a brewer-owned company in Ontario more commonly known as the Beer Store.

Kirk Stevens, a lawyer for Mr. McNeil, said in an interview yesterday that his client had a perfectly legitimate explanantion for removing money from the till.

A relative had asked him to change $140 in U.S. currency into Canadian dollars, Mr. Stevens said. He said that a portion of videotape police were not given depicted him doing precisely that.

In a second episode, Mr. McNeil could be seen removing two $10-bills and two loonies from the till, which he then split with a co-worker.

The exculpatory portion of the tape showed him taking $22 from his pocket and putting it into the till.

Mr. Stevens said yesterday that, at one point, a police investigator asked the company whether there was any exculpatory videotape, but it was not provided to him.

"The facts here confirm that the police and the Crown relied wholly on BRI, which actively and deliberately misled them," Judge Weiler remarked.

In a 1994 memo, company officials expressed concerns about the quality of evidence it had given police. The memo indicated officials were reluctant to come clean about the problem they had created because it could result in "long-lasting damage to [its] credibility."

Judge Weiler noted that part of the jury award was for Mr. McNeil's wife, Terry, who "saw her husband transformed into a man who was 'eaten up inside.'

Plaintiffs - has Murray Trachtenberg bought each of you a large pizza and paid for your haircut yet?

Tansi/Good Day Readers:

When Murray Trachtenberg used the legal system to force Defendant Terry Belhumeur to court recently and won costs in the MMF's Canadian taxpayer financed defamation lawsuit against www.CyberSmokeSignals.com, we wondered what happens with the money so we asked around. Here's what we found.

On paper, all of it goes to his clients intended to compensate them for their legal fees (calculated by way of the Queen's Bench Tariffs Schedule) and time spent by their Counsel, as well as, his out-of-pocket disbursements. Of course, it goes without saying, simultaneously while Mr. Trachtenberg was successful in obtaining Costs against Co-Defendant Belhumeur, the MMF were paying him legal fees that certainly vastly exceeded the amount of that Costs Order.

Since the Order is in the Plaintiffs' names it should go to them. In practice, however, it and far, far more end up with Murray Norman Trachtenberg.

An interesting question for you Plaintiffs. Has Counselor Trachtenberg bothered to work out with each and every one a division of monies you're entitled to by virtue of the Cost Orders obtained to date against Messrs. Belhumeur and Pieuk? Our hasty calculation suggest they total over $3,000. Technically when dealing with so many clients and a corporate entity (Manitoba Metis Federation Inc.), the division of these "paper spoils" should be specified.

Of course, it's distributed only among Plaintiffs still in this lawsuit at the time the Order was obtained. For example, former litigants Richard Delaronde and Bonnie McIntyre would be entitled only to that share received while they were still part of the action. Darrel Deslauriers should be eligible because even though he signed a Notice of Discontinuance it was after Counselor Trachtenberg filed his Motion against Terry Belhumeur.

Counselor Trachtenberg may, in fact, have done his monetary distribution homework because I recall hearing through the grapevine he had informed Richard Delaronde of his entitlement to various Cost Orders just before he dropped out. Seem to remember Mr. Delaronde had the good grace to decline undoubtedly smiling inwardly as he did so.

Much like medieval theologians speculated how many angels could dance on the head of a pin, it might be a fascinating intellectual exercise at some point to divide the various Costs Orders amongst the 19 plaintiffs to determine how much each gets.

The latest one against Terry Belhumeur was for $673.50 divided by 19 (assuming an equal division) totals $33.55 per plaintiff - what a cash bonanza! Each litigant will have enough to order a large, fully-loaded pizza (with money left over for drinks) or purchase really expensive haircuts while the MMF Inc. can buy a few more pens or staplers courtesy of Terry Belhumeur.

Plaintiffs, if you haven't yet received money from Counselor Trachtenberg to pay for your pizzas or haricuts, file a class action complaint with The Manitoba Law Society against him.

With the rising cost of groceries and in deference to his position as MMF President, David Chartrand should be allotted two larg, fully-loaded pizzas.

Or should I say they can do these things in their dreams. Since Terry Belhumeur is judgment-proof and does not respect judicial decisions or Costs Orders (ask The Law Offices of Peter J. Moss for whom his attorney used to work), all Directors can do in reality is frame the Costs Order, hang them in their individual offices and dream of the large pizzas or haircuts that might have been...

See how retarded this lawsuit really is?

Sincerely,
Clare L. Pieuk

Thank you - "Browkin!"

Browkin

Tansi/Good Day Readers:

Remember not long ago the mysterious Browkin wrote:

For every positive integer n, there exists a square in the plane with exactly n lattice points in its interior. This was extended by Schinzel and Kulikowski to all plane figures of a given shape. The generalization of the squares in two-dimensional to the cube in three dimensions was provided by Browkin.

They made the rookie mistake of e-mailing twice enabling us to use more advanced mathematics, calculus and nuclear physics to track them to their doorstep - we know exactly where you live Browkin and all about your "secret projects" - BUSTED! Got the last laugh though - flipped this resident computer engineering genius to our side so they're now working for us.

Thank you for installing the digital clock below the BFMAPSTATS icon on the right-hand side of the home page. We're mesmerized. Hope you're happy now - "Browkin!"

Sincerely,

Clare L. Pieuk

Squeezing blood from a rock!

Tansi/Good Day Readers:

Reviewing the documents recently listed to date on the Manitoba Justice online File Registry in the MMF's lawsuit against www.CyberSmokeSignals.com, we noted a truly amazing 125th entry (The vast preponderance placed there by Murray Trachtenberg!) dated May 20, 2008

He was able to get an order against co-defendant Terry Belhumeur to pay court costs in the amount of $673.50 inclusive of disbursements and tax. You may recall on April 28, 2008 Counselor Trachtenberg filed a Motion trying to get a default judgment against Mr. Belhumeur for not attending an Examination for Discovery plus failing to provide documentation he had requested. Master A.W. Sharp who presided at the Hearing gave the defendant two weeks to submit the material.

What we can't tell from the online entry is whether Counselor Trachtenberg was able to knock Terry Belhumeur out of the case (i.e. get a default judgment) although we doubt it.

Mr. Belhumeur will only have to pay this cost should the case goes to trial and he loses. But you really have to wonder. If you've been reading the transcript from Terry Belhumeur's January 28, 2008 Examination of Discovery ("$The Murraygate Tapes$ - Episode 3!" - May 19, 2008), the co-defendant clearly states he's unemployed.

Sincerely,
Clare L. Pieuk

The Saga of the infamous sign!

Tansi/Good Day Readers:

Our understanding is a replacement MMF sign (first one set afire last Fall) has been erected on private property on the outskirts of Ste. Rita, Manitoba. Does anyone know if consideration, financial or otherwise, has been given by the Federation to the land owners for easement rights?

Wonder whether "Government" will remain in the new version?

Sincerely,

Clare L. Pieuk

The sign the town didn't want!

Tansi/Good Day Readers:

The following commentary was posted on www.derrylsanderson.blogspot.com.

It's hard to comprehend why the MMF leadership would continue to insist placing a sign on the outskirts of a town when the majority of its citizens don't seem to want one. The issue is simply dividing Ste. Rita down the middle - to what end? The only possible explanation - the Federation is saying it can do what it wants and you can't stop us.

It will be interesting to see whether Liberal Member of Parliament Raymond Simard (Winnipeg - St. Boniface) will also attend this ceremony. He was asked to be present at the last one by leader Stephane Dion oblivious to the controversy brewing.

Sincerely,
Clare L. Pieuk
---------------------------------------------------------------------------
Anonymous has left a new comment on your post, "MMF To Forge Ahead With Road Sign Plan"

Yes this is all true the MMF has done it to us again here in Ste. Rita, they placed the new sign up a couple a days ago. Although it is still covered with the plywood, they have taken it one step further and placed 2 flag poles that look very cheap. The sign was even up for 6 hours and the RCMP were in town.

Here in Ste. Rita we barely see the police ever but it didn't take long after the sign was there for them to attend. The Local Chairwoman and her hubby were fast on the phone to them. Who were they making a complaint against you ask? A member of her own Local saying he stopped at the sign. Well duh there is a stop sign at the corner of the highway right in front of the sign. They are just starting trouble for nothing and we all wish they could leave well enough alone.

The big unveiling date is set for the morning of the 24th next Saturday. Then a big shindig after is planned in Dugald, Manitoba. I'm guess there will be about 6 people from our town attending the celebration of the Ste. Rita heritage milestone - LOL! I think the Local Chairperson is silly for calling the cops on one of her own. Well Derryl we will keep you posted!

There's our tax dollars going to work. Placing a costly sign complete with video surveillance in a town that doesn't want it. Thanks for the update. Despite your town's opposition to the sign, I'll tell you what Ste. Rita..... it looks like the sign is there to stay. David Chartrand said so. (Derryl Sanderson)

Accounting issues?

Anonymous has left a new comment on your post, "Conflicts of interest?"

Clare, I believe Auditor Bernie Shore was fired from MNC after his disgraceful presentation at their last Assembly but I don't no why he was only protecting David Chartrand. He also pulled the same grandstand at the Northwest Assembly. Whatever they have to hide must be serious.
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Dear Anonymous:

Thank you for writing. We were aware there was discontent with the presentation of financials at the last MNC Assembly but only because we read a report about it on www.metisbarefacts.blogspot.com. As for Mr. Short's possible dismissal by the Metis National Council that's the first we've heard of it.

Don't know anything about what happened at the MMF's Northwest Region's Assembly.

Sincerely,
Clare L. Pieuk

Conflicts of interest?

Anonymous has left a new comment on your post, "It's starting to sound more like Watergate!"

Just heard something interesting. Ex Federation Finance Director Debbie Sinclair who recently quit the MMF is now working for Auditor Bernie Shore the same firm that not only handles the MMF's books but also the MNC's. Wouldn't it be illegal to audit your own work? Sounds like something CEO Chartrand and brother Elbert cooked up.

Also, could she be sister-in-laws with Frances Chartrand David Chartrand's sister? Almost sounds like a promotion. Nothing like keeping it all in the family and under total control.
---------------------------------------------------------------------------
Dear Anonymous:

Thank you for writing. Not knowing any of the details, as a general principle auditing your own work while perhaps not strictly illegal certainly would be a serious conflict of interest and raise ethical issues as well both of which are to be avoided at all costs.

As for family relationships, can't comment because we simply don't know.

Sincerely,
Clare L. Pieuk

It's starting to sound more like Watergate!

Anonymous has left a new comment on your post, "The $Murraygate Tapes$ - Episode 3!"

Attendance Fee For Reporting Examination Of Terry Belhumeur(Non-Attendance Certificate Issued)
. . . . . . . . .$100.00
GST . . . . $6.00
TOTAL. . $106.00

Paid what? That ....... (expletive deleted) Belhumeur got another $100! What a (....... expletive deleted) sellout. I don't believe this (........ expletive deleted).
---------------------------------------------------------------------------
Dear Anonymous:

Thank you for writing. Sorry for having to delete your very colourful descriptives but you've misinterpreted the situation.

Terry Belhumeur did not get the $100. When he was a no show at his pre-arranged September 6, 2007 Examination for Discovery, the company which was to electronically record the proceedings (Rose Gingell Gill Reporting - Counselor Trachtenberg's Office) waited 45 minutes then billed Posner & Trachtenberg $100 plus tax. Murray Trachtenberg, in turn, paid it no doubt subsequently invoicing the MMF which gladly reimbursed him using Canadian taxpayer dollars.

Some may recall the 1972 Senate Committee Hearings into the break-in at the Democratic Party's National Office located in Washington, D.C.'s Watergate Hotel by Republican operatives (Watergate). During the proceedings it was revealed Richard Nixon, known for his colourful language, often recorded many of his Oval Office conversations so Committee Counsel (Archibald Cox) subpoeaned the tapes. The President then fired him but the Committee eventually got them anyway.

Our favourite line? Richard Nixon while discussing world monetary policy with a group of senior aids: "I don't give a s..t about lira!" Needless to say the Italians weren't very impressed.

Sincerely,
Clare L. Pieuk

The $Murraygate Tapes$ - Episode 3!

$Murray Norman Trachtenberg$

Tansi/Good Day Folks:

If this frivolous, vexatious, ridiculous Canadian taxpayer funded MMF lawsuit goes to trial it could still be at least 1-2 years away probably lasting a minimum of one month as Murray Trachtenberg questions each Plaintiff under oath then it's our turn! Terry Belhumeur if he hasn't been found in default by then will be a Co-Defendant.

From the get go, Counselor Trachtenberg will face several significant problems. Winnipeg Regional Vice-President Ron Chartrand, the most influencial Board of Director given the membership of his Region, never agreed to be a Plaintiff. Then last year former Federation Provincial Director Richard Delaronde followed by Bonnie McIntyre signed Notices of Discontinuance removing themselves as litigants. Recently Darrel Deslauriers joined the group. Could be by the time the judge and jury hear the case only David and Elbert Chartrand will remain.

How could www.cybersmokesignals.com allegedly defame the MMF Inc. and its Provincial Directors save for those who have already jumped the lawsuit ship? Who else will bail between now and then?

Sincerely,
Clare L. Pieuk
---------------------------------------------------------------------------

$The Murraygate Tapes$ - Episode 3 (pages 17- )

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

Plaintiffs

Note: Richard Delaronde, Bonnie McIntyre and Darrel Deslauriers previously agreed to Notices of Discontinuance and, therefore, are no longer litigants. Vanessa Everton signed a declaration last year stating she was unaware of any malfeasance on the part of the MMF and in return was dropped as a Co-Defendant. Manitoba Court of Queen's Bench Rules prevent us from posting it verbatim otherwise we would. However, their names still appear on all documents with a line drawn through which is standard operating procedure.

-and-

Terry Belhumeur, Clare L. Pieuk and Vanessa Everton

Defendants

___________________________________________________

Notice Of Examination

Examination Date: Thursday, September 6th, 2007 At 9:30a.m.

_____________________________________________________

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

---------------------------------------------------------------------------
Notice of Examination
To: Terry Belhumeur

You Are Required to Attend For An Examination for discovery on Thursday, September 6th, 2007 at 9:30 a.m. at the offices of Posner & Trachtenberg, 710 - 491 Portage Avenue, Winnipeg, Telephone 940-9602.

You Are Required To Bring With You and produce at the examination the dociments mentioned in subrule 30.04(4) of the Queen's Bench Rules.

August 17, 2007

POSNER & TRACHTENBERG

710 - 491 Portage Avenue

Winnipeg, Manitoba R3B 2E4

Telephone 940-9602

MURRAY TRACHTENBERG

Council for the plaintiffs

To: Terry Belhumeur

P.O. Box 166Gunton, Manitoba

R0C 1H0

---------------------------------------------------------------------------

POSNER & TRACHTENBERG

Barristers, Solicitors & Notaries Public

710-491 Portage Avenue

Winnipeg, MB R3B 2E4

Fax: (204) 944-8878

Gerald . Posner

Manitoba & Ontario Bars

Murray N. Trachtenberg, B.A., LL.B.

Direct Line: (204) 940-9602

e-mail: mtrachtenberg@ptlaw.mb.ca

________________________________________

August 31, 2007

Mr. Terry Belhumeur

P.O. Box 166

Gunton, Manitoba R0C 1H0

Dear Mr. Belhumeur:

Re: MMF et al vs. Terry Belhumeur et al

Queen's Bench File No. CI 05-01-41955

My File No. 2003-20

I write to you further to my letter of August 17, 2007 which served you with a Notice of Examination for discovery retunable at my office on September 6, 2007 at 9:30 a.m.

As I have not heard from you, I am writing to remind you of this upcoming examination for discovery and the requirement that you attend in accordance with the notice.

Yours truly,

MURRAY N. TRACHTENBERG

MNT/lec

This is Exhibit "D" referred to in this Affidavit of Oliver Boulette Sworn before me this 8th day of April, A.D. 2008 (Signed) Murray Trachtenberg A Notary Public In and For The Province of Manitoba.

Ex No.: 4

Ex. of: T. Belhumeur

Date: January 28, 2008

Rose Gingell Gill Reporting 943-0196

---------------------------------------------------------------------------

File No. CI 05-01-41955

In 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 -

Terry Belhumeur, Clare L. Pieuk, and Vanessa Everton

Defendants

_______________________________________

Certificate of Non-Attendance

_______________________________________

This is Exhibit "E" referred to in the Affidavit of Oliver Boulette Sworn before me this 8th day of April , A.D. 2008 (Signed - Murray N. Trachtenberg) A Notary Public In And For The Province Of Manitoba.

Rose Gingell Gill Reporting

470-167 Lombard Avenue

Winnipeg, Manitoba R3B 0T6

(204) 943-0196

I, Leslie Harris, Official Examiner in the Court of Queen's Bench, in the City of Winnipeg, Province of Manitoba, do hereby certify that Terry Belhumeur, one of the named defendants, pursuant to an appointment given for Examination for Discovery, viva voce, upon oath, touching upon his knowledge of the matters in question in this action, hereinbefore stated, failed to attend upon the offices of Posner & Trachtenberg, Barristers & Solicitors, 710 - 491 Portage Avenue, in the City of Winnipeg, in the Province of Manitoba, on Thursday, September 6, 2007, at the hour of 9:30 a.m. until 10:15 a.m.; that there was present Mr. M.N. Trachtenberg, counsel for the plaintiffs.

Dated at the City of Winnipeg, in the province of Manitoba, this 6th day of September, 2007.

(Signature)

Leslie Harris

Official Examiner, Q.B.

---------------------------------------------------------------------------

Rose Gingell Gill Reporting

Official Examiners Q.B.

470-167 Lombard Avenue

Winnipeg, Manitoba R3B 0T6

(204) 943-0196

Date: September 7, 2007

Invoice No. RGG 07 245

To: Posner & Trachtenberg

Barristers & Solicitors

710 - 491 Portage Avenue

Winnipeg, Manitoba

Attention: Mr. M.N.Trachtenberg

________________________________________

Re: MMF vs Belhumeur, et al.

September 6, 2007

________________________________________

Attendance Fee For Reporting Examination Of Terry Belhumeur

(Non-Attendance Certificate Issued) . . . . . . . . $100.00

GST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6.00

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $106.00

PAID

-------------------------------------------------------------------------------------

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, DERREL 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 -

Terry Belhumeur, Clare L. Pieuk and Vanessa Everton

_______________________________________________

Examination Of: Terry Belhumeur

Examination By: Mr. M.N. Trachtenberg

Examination Date: Monday, Jauary 28, 2008

________________________________________________

Rose Gingell Gill Reporting

470 - 167 Lombard Avenue

Winnipeg, Manitoba R3B 0T6

(204) 943-0196

This is Exhibit "F" referred to in the Affidavit of Oliver Boulete Sworn before me this 8h day of April, A.D. 2008. (Signature - Murray N. Trachtenberg) A Notary Public In And for The Province Of Manitoba.

A special note to Readers: If there are any statements made by Terry Belhumeur which we feel are inaccurate or incorrect, we will inject our comments in blue. Same for inappropriate questions by Mr. Trachtenberg.

Page 1

Monday, January 28, 2008, at 9:35 A.M.

Terry Belhumeur Being First Duly Sworn, Testified As Follows:

Examination By Mr. Trachtenberg:

Q: Sir, you are a defendant in a lawsuit started by the Manitoba Metis Federation and others in Queen's Bench, file CI 05-01-41955, is that correct?

A: That's right.

Q: And you were present at the examination for discovery of your co-defendant, Mr. Pieuk, here at my office on September 18, 2997, correct?

A: Correct.

Q: And because you are appearing today and you are self represented, let me just outline for you in terms of an examination for discovery. You are here, under oath, to answer questions that I will pose to you relative to the documents that have been produced and the issues raised in this lawsuit. Do you understand that?

A: Yes.

Page 2

Q: If, as I am asking you questions, there are documents you want to look at, either do so or ask me. You have that right. Do you understand that?

A: Yes.

Q: If you don't understand my question or you need clarification, feel free to ask, as well.

A: Yes.

Q: Alright. Can you state, for the record please, your age?

A: Fifty-nine.

Q: And where do you currently reside?

A: Box 166, Gunton. I have two addresses.

Q: Okay. What is your prime address?

A: Box 166, Gunton.

Q: That is here in Manitoba?

A: Yes.

Q: And your secondary address?

A: 2020 Burrows Avenue.

Q: Here in the city of Winnipeg?

A: Yes, I have a girlfriend, stay there once in a while.

Q: Okay. Can you tell us a little bit about your education, plase?

A: Grade 12, with some college.

Q: College; did you complete a diploma or a degree --

Page 3

A: No, I took -- no, I just took a -- a -- microcomputer; Red River College.

Q: How many courses did you take in that?

A: It was a one-year course.

Q: Oh, I see. Did you graduate?

A: I didn't write the exam, but I -- I'm sure I could have passed the thing, but...

Q: Okay. And as part of that computer knowledge, did that involve instruction in web site creation?

A: No it didn't. I wish it would have, but it didn't.

Q: Okay. Generally, what did it teach you?

A: Accounting, basics, what do you call that -- before Windows came in, it was that other -- DOS; a lot of DOS material. Public speaking.

Q: Okay. Any other computer courses that you've taken over the years?

A: I took a -- just an introduction to website, in Gimli.

Q: When was that, approximately?

A: I don't know, 2000 or '99, something like that.

Q: And did you --

A: Was just a short course.

Page 4

Q: The one-year course at Red River, when was that?

A: '95-6, I believe it was, right there.

Q: Alright. What is your current employment?

A: Don't have any.

Q: Okay. Are you self-employed?

A: I try to. I've got a lot of friends in the States who help me out, so that's why I travel a lot.

Q: I understood at one point you acted as a guide --

A: Guide, yeah.

Q: -- for hunting?

A: I bring those people - when they come here, I bring them out, hunting.

Q: Okay. So is that your main --

A: That's my main.

Q: -- form of work?

A: Yeah.

Q: Yes?

A: I also worked for the federal government for -- I forgot about that -- when the -- when an election's called.

Q: I see, okay.

A: I -- they give me a T4; I'm on their ...

Transcript skips to Page 9.

-- to go as long as our thousand-dollar deposit went, and after that it was -- I was out of it.

Q: Okay. Now, I don't want you to tell me about discussions you had with your lawyer, but let me just make sure that we identify a couple of documents.

This was a document that was filed with the court. It's called a notice of appointment. And I just want you to confirm for the record, based on that document, from July, either 25th or 26th, onward, at that time Mr. Niederhoffer was acting as your lawyer in this matter?

A: At that time, yes.

Q: Okay. And then subsequently you filed -- or you signed, at least, this document; it's called a notice of intention to act in person, dated August 30th, and effective that date, Mr. Niederhoffer was no longer acting fo you and you have continued to represent yourself since then; correct?

A: Correct.

Q: Thank you. And I notice on the notice of intention to act in person, under your name, the address is that Box 166 in Gunton?

A: Um-hum.

Q: Am I correct that after filing this document with the court, you have never filed anything with the court giving any other address than the Box 166?

Page 10

A: That's true.

Q: I'm going to show you a series of letters. I just want you to identify that you received a copy of these letters that are addressed to you, and then we can discuss the contents.

The first one is a letter dated July 6, 2007, addressed to you and Mr. Pieuk. Are you able to confirm that at some point you had received a copy of this letter from me?

A: For dates, yes, I do remember that one.

Q: Okay. And now prior to July 6, 2007, which is the date of that letter, would you agree with me, you would not advise me of any changes in your address?

A: I didn't advise yu, but where are we going with that?

Q: Just want to make sure that we're clear. As of July 6, 2007 ---

A: You can still send me the -- material there, if you'd like; it's just that here, at least I -- I know that my girlfriend will tell me it came in.

Q: Alright.

MR. TRACHTENBERG: Let's mark this as the first exhibit.

Page 11

EXHIBIT 1: LETTER DATED JULY 6, 2007, FROM TRACHTENBERG TO BELHUMEUR AND PIEUK

BY MR. TRACHTENBERG:

Q: And a second letter, addressed to you, on August 16, 2007. Are yu able to confirm that you received that letter?

A: I've got it with me.

MR. TRACHTENBERG: Mark that as Exhibit 2.

THE WITNESS: That's the one I messed up on.

EXHIBIT 2: LETTER DATED AUGUST 16, 2007, FROM TRACHTENBERG TO BELHUMEUR

BY MR. TRACHTENBERG:

Q: I am showing you another letter, of August 17, 2007, addressed to you. Confirm you received that?

A: I have it with me.

MR. TRACHTENBERG: Mark that, please.

EXHIBIT 3: LETTER DATED AUGUST 17, 2007 FROM TRACHTENBERG TO BELHUMEUR

Page 12

BY MR. TRACHTENBERG:

Q: Another letter, of August 31, 2007?

A: I presume I got it, because I got all the rest so -- I just don't remember that one.

MR. TRACHTENBERG: Mark that as the next exhibit please.

EXHIBIT 4: LETTER DATED AUGUST 31, 2007, FROM TRACHTENBERG TO BELHUMEUR

..... to be continued