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.
Clare L. Pieuk
File No. CI 04-01-39016
In The Queen's Bench Winnipeg Centre
Louis Riel Capital Corporation
- and -
Darryl Douglas Montgomery, Jennifer Alyne Montgomery, and Matthew Alvin Bushby
- and -
Rogers Cable Inc.,
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
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
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