Thursday, May 22, 2008

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

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