Very interesting!
Friendly Manitoba 739 TXU?Tansi/Good Day Readers:
We've been researching The Manitoba Court of Queen's Bench File Registry and came upon this case. The Notice of Discontinuance could mean an out-of-court financial settlement was reached.
Sincerely,
Clare L. Pieuk
---------------------------------------------------------------------------
File No. CI 95-01-93354
The Queen's Bench Winnipeg Centre
Between: Michael Medeiros (Plaintiff)
- and -
Elbert Chartrand (Defendant)
________________________________________
Statement Of Claim
________________________________________
Sheldon Rosenstock
Barrister and Solicitor
647 Borebank Street
Winnipeg, Manitoba R3N 1G1
Telephone: 488-4121
TO THE DEFENDANT - A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or a Manitoba lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Queen's Bench Rules, serve it on the Plaintiff's lawyer or, where the Plaintiff does not have a lawyer, serve it on the Plaintiff, and file it in this court office, WITHIN TWENTY DAYS after this statement of Claim is served on you, if you are served in Manitoba.
If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days.
IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.
IF YOU PAY THE PLAINTIFF'S CLAIM, AND $100 for costs, within the time for serving and filing your statement of defence you may move to have this proceeding dismissed by the court. If you believe the amount claimed for costs is excessive, you may pay the Plaintiff's claim and $100 for costs and have the costs assessed by the court.
(Date): November 3, 1995
Issued By: (Signature) Deputy Registrar
Address of Court Office:
Court of Queen's Bench
408 York Avenue
Winnipeg, Manitoba R3C 0P9
TO: Elbert Chartrand
308 Kelsey Manor
Swan River, Manitoba R0L 1Z0
CLAIM
1. THE PLAINTIFF CLAIMS:
a) general damages;
b) loss of income;
c) special damages yet to be determined;
d) interest therein;
e) his costs of this action;
f) such further and other relief as to this Honourable Court may deem just and appropriate in the circumstances.
2. The Plaintiff resides at 496 Collegiate Street in the City of Winnipeg, in the Province of Manitoba, and is a painter.
3. The Defendant resides in the Town of Swan River, in the Province of Manitoba, and his occupation is unknown to the Plaintiff.
4. At all material times hereto:
a) The Plaintiff was the passenger of a 1978 Honda Civic automobile bearing Manitoba licence plate number 200 KED, operated by Charles Medeiros.
b) The registered owner of the aforementioned Honda Civic automobile was Joao Medeiros.
c) The Defendant was the operator and registered owner of a 1991 Dodge Pickup truck bearing Manitoba licence plate number 739 TXU.
d) Inkster Avenue and Shepherd Street in the City of Winnipeg in the Province of Manitoba is a highway within the meaning of the Highway Traffic Act C.C.M. c.H60, and the Plaintiff pleads and relies on the said The Highway Traffic Act.
5. The Plaintiff states as the facts are that on or about the 17th day of April 1993, at about 6:40 p.m., in the afternoon, the Plaintiff was proceeding in a westerly direction on Inkster Avenue, near Shepherd Street, in the City of Winnipeg, and had stopped at a red light, when the Defendant suddenly and without warning struck the Plaintiff from behind while he was proceeding in a westerly direction on Inkster Avenue.
6. The Plaintiff states as the facts are that the collision referred to in the proceeding paragraph hereof was caused solely by the negligence, recklessness, and carelessness of the Defendant which negligence includes inter alia, the following:
a) in driving dangerously;
b) in driving carelessly;
c) in failing to have his vehicle under proper, adequate, or any control;
d) in operating his vehicle upon a highway when it was not equipped with proper, adequate or any brakes; or in the alternative, in failing to apply same in time to avoid colliding with the Plaintiff;
e) in striking the Plaintiff from behind;
f) in failing to stop, swerve, or take any other evasive action in an attempt to avoid colliding with the Plaintiff;
g) without limiting the generality of the foregoing, in conducting himself in other than a careful and prudent manner.
7. As a result of the aforesaid collision, the Plaintiff suffered severe and painful bodily injuries, which said injuries consisted, inter alia, of the following:
a) back pain;
b) back spasm;
c) sprained neck;
d) sprained back;
e) restriction of spinal movement;
f) sore shoulder;
g) bruise on arm and leg;
8. As a result of his injuries, the Plaintiff was disabled and has suffered a loss of income.
Date of Issue: November 5, 1995
Sheldon Rosenstock
Barrister and Solicitor
647 Borebank Street
Winnipeg, Manitoba
R3N 1G1
Telephone: 488-4121
---------------------------------------------------------------------------
File No. CI 95-01-93354
The Queen's Bench Winnipeg Centre
Between: Michael Medeiros (Plaintiff)
- and -
Elbert Chartrand (Defendant)
________________________________________
Notice Of Discontinuance
________________________________________
Sheldon Rosenstock
Barrister and Solicitor
647 Borebank Street
Winnipeg, Manitoba R3N 1G1
Telephone: 488-4121
The Plaintiff hereby discontinues this action against the Defendant without costs to any Party.
A Statement of Claim in this action has been served on the Defendant.
This Discontinuance is to be a defence to any subsequent action as contemplated by Court of Queen's Bench Rule 23.02(1).
May 25, 1996
TO: The Above Named Defendants
Approved as to form and content K. M. McCulloch
Per: (Signature) Solicitor For The Defendant
Sheldon Rosenstock
Barrister and Solicitor
647 Borebank Street
Winnipeg, Manitoba R3N 1G1
Telephone: 488-4121
Fax: 488-1869
(Signature)
May 8, 1996
We've been researching The Manitoba Court of Queen's Bench File Registry and came upon this case. The Notice of Discontinuance could mean an out-of-court financial settlement was reached.
Sincerely,
Clare L. Pieuk
---------------------------------------------------------------------------
File No. CI 95-01-93354
The Queen's Bench Winnipeg Centre
Between: Michael Medeiros (Plaintiff)
- and -
Elbert Chartrand (Defendant)
________________________________________
Statement Of Claim
________________________________________
Sheldon Rosenstock
Barrister and Solicitor
647 Borebank Street
Winnipeg, Manitoba R3N 1G1
Telephone: 488-4121
TO THE DEFENDANT - A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or a Manitoba lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Queen's Bench Rules, serve it on the Plaintiff's lawyer or, where the Plaintiff does not have a lawyer, serve it on the Plaintiff, and file it in this court office, WITHIN TWENTY DAYS after this statement of Claim is served on you, if you are served in Manitoba.
If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days.
IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.
IF YOU PAY THE PLAINTIFF'S CLAIM, AND $100 for costs, within the time for serving and filing your statement of defence you may move to have this proceeding dismissed by the court. If you believe the amount claimed for costs is excessive, you may pay the Plaintiff's claim and $100 for costs and have the costs assessed by the court.
(Date): November 3, 1995
Issued By: (Signature) Deputy Registrar
Address of Court Office:
Court of Queen's Bench
408 York Avenue
Winnipeg, Manitoba R3C 0P9
TO: Elbert Chartrand
308 Kelsey Manor
Swan River, Manitoba R0L 1Z0
CLAIM
1. THE PLAINTIFF CLAIMS:
a) general damages;
b) loss of income;
c) special damages yet to be determined;
d) interest therein;
e) his costs of this action;
f) such further and other relief as to this Honourable Court may deem just and appropriate in the circumstances.
2. The Plaintiff resides at 496 Collegiate Street in the City of Winnipeg, in the Province of Manitoba, and is a painter.
3. The Defendant resides in the Town of Swan River, in the Province of Manitoba, and his occupation is unknown to the Plaintiff.
4. At all material times hereto:
a) The Plaintiff was the passenger of a 1978 Honda Civic automobile bearing Manitoba licence plate number 200 KED, operated by Charles Medeiros.
b) The registered owner of the aforementioned Honda Civic automobile was Joao Medeiros.
c) The Defendant was the operator and registered owner of a 1991 Dodge Pickup truck bearing Manitoba licence plate number 739 TXU.
d) Inkster Avenue and Shepherd Street in the City of Winnipeg in the Province of Manitoba is a highway within the meaning of the Highway Traffic Act C.C.M. c.H60, and the Plaintiff pleads and relies on the said The Highway Traffic Act.
5. The Plaintiff states as the facts are that on or about the 17th day of April 1993, at about 6:40 p.m., in the afternoon, the Plaintiff was proceeding in a westerly direction on Inkster Avenue, near Shepherd Street, in the City of Winnipeg, and had stopped at a red light, when the Defendant suddenly and without warning struck the Plaintiff from behind while he was proceeding in a westerly direction on Inkster Avenue.
6. The Plaintiff states as the facts are that the collision referred to in the proceeding paragraph hereof was caused solely by the negligence, recklessness, and carelessness of the Defendant which negligence includes inter alia, the following:
a) in driving dangerously;
b) in driving carelessly;
c) in failing to have his vehicle under proper, adequate, or any control;
d) in operating his vehicle upon a highway when it was not equipped with proper, adequate or any brakes; or in the alternative, in failing to apply same in time to avoid colliding with the Plaintiff;
e) in striking the Plaintiff from behind;
f) in failing to stop, swerve, or take any other evasive action in an attempt to avoid colliding with the Plaintiff;
g) without limiting the generality of the foregoing, in conducting himself in other than a careful and prudent manner.
7. As a result of the aforesaid collision, the Plaintiff suffered severe and painful bodily injuries, which said injuries consisted, inter alia, of the following:
a) back pain;
b) back spasm;
c) sprained neck;
d) sprained back;
e) restriction of spinal movement;
f) sore shoulder;
g) bruise on arm and leg;
8. As a result of his injuries, the Plaintiff was disabled and has suffered a loss of income.
Date of Issue: November 5, 1995
Sheldon Rosenstock
Barrister and Solicitor
647 Borebank Street
Winnipeg, Manitoba
R3N 1G1
Telephone: 488-4121
---------------------------------------------------------------------------
File No. CI 95-01-93354
The Queen's Bench Winnipeg Centre
Between: Michael Medeiros (Plaintiff)
- and -
Elbert Chartrand (Defendant)
________________________________________
Notice Of Discontinuance
________________________________________
Sheldon Rosenstock
Barrister and Solicitor
647 Borebank Street
Winnipeg, Manitoba R3N 1G1
Telephone: 488-4121
The Plaintiff hereby discontinues this action against the Defendant without costs to any Party.
A Statement of Claim in this action has been served on the Defendant.
This Discontinuance is to be a defence to any subsequent action as contemplated by Court of Queen's Bench Rule 23.02(1).
May 25, 1996
TO: The Above Named Defendants
Approved as to form and content K. M. McCulloch
Per: (Signature) Solicitor For The Defendant
Sheldon Rosenstock
Barrister and Solicitor
647 Borebank Street
Winnipeg, Manitoba R3N 1G1
Telephone: 488-4121
Fax: 488-1869
(Signature)
May 8, 1996
posted by Clare L. Pieuk at 1:07 PM
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