Manitoba lawyer Murray Norman Trachtenberg
Good Day Readers:
We are able to publish the following documents because the issues in question occurred significantly before the start of the Pre-Trial Conferences which began September 8, 2008 and, therefore, are not covered by its publication ban.
All matters relate to the Canadian taxpayer financed Manitoba Metis Federation's lawsuit (alleged defamation -
CI 05-01-41955) against now defunct
www.CyberSmokeSignals.com.
On January 2, 2008 we sent Counselor Trachtenberg a total of 38 pages worth of written questions for the Plaintiffs in this case. October 20, 2008 he wrote:
This is with regard to the interrogatories forwarded to me with your letter of January 2, 2008.
Included amongst those, where interrogatories for the plaintiff Darrel Deslauriers. On April 25, 2008 you consented to Mr. Deslauriers filing a notice of discontinuance in this action which took place on May 22, 2008. Accordingly, no response to the interrogatories with respect to Mr. Deslauriers will be provided.
With respect to part of question no. 1 in the interrogatories of Rita Cullen, namely, when did she cease to be a member of the Board of Directors of MMF, I draw your attention to paragraph 8, of the re-amended statement of claim which provides the answer.
With regard to the first part of of Question no. 1 for the plaintiff William Flett namely when did he cease to be a member of the Board of Directors of MMF, I draw your attention to paragraph 11 of the re-amended statement of claim which provides the answer.
With regard to the first part of question no. 1 for the plaintiff William Flett namely when did he cease to be a member of the Board of Directors of MMF, I draw your attention to paragraph 11 of the re-amended statement of claim wlhich provides the answer.
Similarly, with regard to part of question no. 1 in the interrogatories for the plaintiffs Joyce Langan and Darryl Montgomery, namely when did they cease to be a member of the Board of Directors of MMF I draw your attention to paragraphs 15 and 19 of the re-amended statement of claim which provide the answers.
With respect to the remainder of the questions for the plaintiffs, they object to answering on the grounds that the questions are irrelevant and/or scandalous and/or vexatious.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
To suggest "..... the questions for the plaintiffs.....are irrevalent and/or scandalous and/or vexations" is beyond asinine. Shortly we will publish an example of one with the name of the litigant removed. You be the judge and jury.
During November of last year Darrel Deslauriers was removed as a Provincial Board of Director by David Chartrand. Rita Cullen, William Flett, Joyce Langan and Darryl Montgomery ceased to be Directors effective June 29, 2006 the date of the last MMF election. We do not know whether they chose not to run or were defeated. However, they remain Plaintiffs which raises the question who's paying their legal bills?
On September 4, 2007:
I acknowledge receipt of your email transmitted on September 4, 2007 requesting copies of expense claims and evidence of payments for each claim for the period March 27, 2003 to October 20, 2004.
The documentation you have requested is irrelevant to the matters raised in the pleadings. They will not be produced.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/lec
Our response - "Rubbish!" Alternatively stated, "Deja-vu all over again" ..... Yogi Berra. Mr. Trachtenberg has been uncooperative and obstructionist from the begining of this action.
Regarding our correspondence (below), Murray Trachtenberg clearly knew I would be unable to attend when he arbitrarily, unilaterally and without consultation scheduled his Motion Hearing for December 30, 2008. This is eerily similiar to a situation that occurred during late July of 2005 when Counselor Trachtenberg had a Motion in play while I was transitioning between lawyers.
Notice Mr. Trachtenberg's letter of January 7, 2009 makes no mention his Motion had subsequently been ruled by the Court to be Uncontested. As an unrepresented Co-Defendant I still do not comprehend the process by which that was allowed to happen. In effect, when I appeared before Senior Master Lee (January 13, 2009), it was fait accompli.
Little wonder His Honour looked at me with askance when I requested an opportunity to argue against the Motion. The January 13, 2009 Hearing was completely unnecessary especially given Mr. Trachtenberg was in full knowledge a Pre-Trial Conference had been scheduled for January 14, 2009 at which time the matter could have been resolved.
Only later did I become aware the Senior Master's Court Order was appealable but by then it was too late. Because the Motion had been deemed Uncontested by the time of the January 13, 2009, Hearing was held and while I tried to argue my position I finally agreed when reminded by His Hounour it was an Uncontested Motion.
When it was suggested by the Court I had refused to provide the material from my Affidavit of Documents Schedule "A," I vigorously and categorically denied the allegation challenging Counselor Trachtenberg to produce a letter from me which says such. He has yet to do so.
Shortly we will be filing a three count Abuse of Process complaint against Counselor Trachtenberg with the Law Society of Manitoba. The Society will advised of our intention to publish it in its entirety on this site as soon as the publication ban has been lifted on the Pre-Trial Conferences.
Sincerely,
Clare L. Pieuk
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EXHIBIT A
Posner & Trachtenberg
An Association of Independent Lawyers
710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Murray N. Trachtenberg, B.A., LL.B
Phone: 204-940-9602
Fax: 204-944-8878
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_____________________________________________
File No. 2003-20
January 7, 2009
Via Email/Mail
Mr. Clare L. Pieuk
2-371 Des Meurons Street
Winnipeg, Manitoba R2H 2N6
Dear Mr. Pieuk:
Re: Manitoba Metis Federation Inc. et al v. Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955
I enclose a copy of notice of motion which was returnable today at 9:30 a.m. before the Presiding Master. A copy of this was mailed to you on December 30, 2008.
I attended today before Master Cooper. As you were not in attendance I suggested that the matter be adjourned and rescheduled.
This motion is now rescheduled for Tuesday, January 13, 2009 at 9:30 a.m. before the Presiding Master. I will not agree to any further adjournment.
Yours truly,
MURRAY N. Trachtenberg
MTN/pb
Enc.
LEGAL NOTICE
This transmission may contain privileged or confidentail information. Any unathorized distribution, copying, disclosure or dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.
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
No longer Plaintiffs
No longer MMF Board of Directors effective June 29, 2006
-and -
TERRY BELHUMEUR, CLARE L. PIEUK AND VANESSA EVERTON
defendants
No longer defendant
_____________________________________________________________
NOTICE OF MOTION
HEARING DATE: FRIDAY, JANUARY 9TH, 2009 AT 9:30 A.M. BEFORE THE PRESIDING MASTER
_____________________________________________________________
Posner & Trachtenberg
Barristers, Solicitors and 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 MOTION
TAKE NOTCE THAT the plaintiffs will make a motion before the Presiding Master on Friday, January 9, 2009 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 that the defendant Clare Pieuk, provide to counsel for the plaintiffs, copies of the following documents listed in Schedule "A" of the defendant Clare Pieuk's affidavit of documents sworn September 24, 2008
(a) Schedule "A" - 2003 Numbers 1-55 inclusive
(b) Schedule "A" - 2004 Numbers 1-128 inclusive
(c) Schedule "A" - 2005 Numbers 10 and 11
2. An order in the event the defendant Clare Pieuk fails to provide copies of those documents listed in Schedule "A" of his affidavit of documents and referred to in paragraph 1 above, by a date and time to be set by this Honourable Court, his statement of defence shall be struck out.
3. Costs in any event of the cause payable forthwith.
4. 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 Rules 30.04(7) and 30.08;
2. Counsel for the plaintiffs has repeatedly reequested production of copies of certain documents from the defendant Clare Pieuk and has agreed to pay reasonable photocopying charges for them but defendant Clare Pieuk has failed and refused and continues to fail and refuse to produce copies or make any arrangements to allow for the photocopying of the documents.
3. 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 sworn;
2. (Three words deleted) Memorandum No. 2 dated October 30, 2008;
3. Such further and other documentary evidence as counsel may advise and this Honourable Court may allow.
Date: December 30th, 2008
Posner & Trachtenberg
Barristers, Solicitors and Notaries Public
Suite 710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Murray N. Trachtenberg
Telephone (204) 940-9602
Fax No. (204) 944-8878
Counsel for the plaintiffs
TO: Clare Pieuk
2-371 Des Meurons Street
Winnipeg, Manitoba R3H 2N6
AND TO: Terry Belhumeur
2020 Burrows Avenue
Winnipeg, Manitoba R2R 0Y8
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EXHIBIT B
Posner & Trachtenberg
An Association of Independent Lawyers
710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Canada
Murray N. Trachtenberg, B.A., LL.B.
Phone: 204-940-9602
Fax: 204-944-8878
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_____________________________________________
File No. 2003-20
January 15, 2009
Via Email/Mail
Mr. Clare L. Pieuk
2-371 Des Meurons Street
Winnipeg, Manitoba R2H 2N6
Dear Mr. Pieuk:
Re: Manitoba Metis Federation Inc. et al v. Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955
I have received the documents you provided me (three words deleted). None of the documents were numbered.
By cross referencing them to your Schedule "A," I note that I have not received copies of the following:
2003 - 4, and 12.
2004 - 1, 40, 41, 83, 84, 85, 108, 117, and 118.
Please provide me with copies of these documents in the immediate future.
As well, yesterday I provided you with two copies of the order of Senior Master Lee. Please review and sign both copies and return those to me for filing with the Court.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure, dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.
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EXHIBIT C
Posner & Trachtenberg
An Association of Independent Lawyers
710-491 Portage Avenue
Winnipeg, Manitoba, R3B 2E4
Canada
Murray N. Trachtenberg, B.A., LLB
Phone: 204-940-9602
Fax: 204-944-8878
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_____________________________________________
File No. 2003-20
January 19, 2009
Email/Mail
Mr. Clare L. Pieuk
2-371 Des Meurons Street
Winnipeg, Manitoba R2H 2N6
Dear Mr. Pieuk:
Re: Manitoba Metis Federation Inc. et al v. Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955
On Wednesday, January 14, 2009 I provided you with 2 copies of the order of Senior Master Lee at the (three words deleted). You requested time to review the order before signing.
You have had sufficient time to do that.
If I do not have the orders back from you on or before 5:00 p.m. Wednesday, January 21, 2009 I will submit them to Senior Master Lee on Thursday and ask that he dispense with your approval and issue the order.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure, dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and coutact us immediately.
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EXHIBIT D
Posner & Trachtenberg
An Association of Independent Lawyers
710-491 Portage Avenue
Winnipeg, Manitoba, R3B 2E4
Canada
Murray N. Trachtenberg, B.A. LL.B.
Phone: 204-940-9602
Fax: 204-944-8878
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_______________________________________________
File No: 2003-20
January 30, 2009
Via Email/Mail
Mr. Clare L. Pieuk
2-371 Des Meurons Street
Winnipeg, Manitoba R2H 2N6
Dear Mr. Pieuk:
Re: Manitoba Metis Federation Inc. et al v. Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955
I wrote to you on January 15, 2009 and advised you that the package of documents you delivered on January 13, 2009 was missing a number of documents listed in Schedule "A" to your affidavit of documents. I requested that you provide me with copies. You have not done so.
As you know, Master Lee ordered that you provide copies of the documents at the pre-trial conference on January 13, 2009. Master Lee's order became effective once it was pronounced. You are therefore now in breach of this order.
Please provide me with the missing copies immediately.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure, dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.
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EXHIBIT E
CI 05-01-41955
Clare Pieuk [pieuk@shaw.ca]
Sent: Mon 2/2/2009 9:01 AM
To: Murray Trachtenberg
_______________________________________
E-mail
February 2, 2009
Mr. Murray N. Trachtenberg
Posner & Trachtenberg
710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Dear Mr. Trachtenberg:
Re: Manitoba Metis Federation Inc. et al v.Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955
Your File No. 2003-20
Because of the increasing popularity of
www.CyberSmokeBlog.blogspot.com, I am receiving a significantly greater volume of e-mail and only now have had a chance to read your correspondence dated January 15, 2009 regarding allegedly missing documents.
Pleased be advised your subsequent correspondence of January 30, 2009 contains several very serious errors the least of which is the documents package containing 185 e-mail comprising 187 pages was turned over to you prior to the start of the January 14, 2009 (three words deleted) not as you claim on January 13, 2009. You have mis-referenced the date of the third (three words deleted) a second time in your January 30, 2009 letter.
However, much more serious are the incorrect and misleading allegations you have made in your January 15, 2009 letter. I hereby order you to immediately cease and desist abusing the process of law in an attempt to harass, threaten, intimidate and bully an unrepresented Defendant.
Your behaviour in this matter is totally unacceptable, inappropriate, unwarranted and will not be tolerated. It is a breach of the Law Society of Manitoba's guidelines for professional conduct and ethics.
Your letters of January 15 and 30, 2009 will be raised before (two words deleted) at the next (three words deleted).
Govern yourself accordingly Counselor.
Yours truly,
CLARE L. PIEUK
copies
Irene Joyal (
ijoyal@gov.mb.ca)
Terry Belhumeur (
shotgun@mts.net)
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure or dissemination of this transmission or taking of any action in reliance of the contents of this transmission is strictly prohibited. If you receive this transmission in error or it is forwarded to you without the express authority of Clare L. Pieuk, please destroy this transmission and contact me immediately.----------------------------------------------------------------------------------
EXHIBIT F
Posner & Trachtenberg
An Association of Independent Lawyers
710-491 Portage Avenue
Winnipeg, Manitoba, R3B 2E4
Canada
Murray N. Trachtenberg, B.A., LL.B.
Phone: 204-940-9602
Fax: 204-944-9978
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_____________________________________________
File No: 2003-20
February 2, 2009
Via Email/Mail
Mr. Clare L. Pieuk
2-371 Des Meurons Street
Winnipeg, Manitoba R2H 2N6
Dear Mr. Pieuk
Re: Manitoba Metis Federation Inc. et al v. Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955
I acknowledge receipt of your email dated February 2, 2009. You are correct that the package of documents you provided to me was delivered on January 14, 2009 not January 13 as I had previously stated.
Your response does not indicate any willingness to provide me with copies of the documents which I have told you I did not receive in the package previously given to me.
Even if you think you gave them to me before, Please bring copies of these documents with you to the (three words deleted) this week. I will pay your reasonable photocopying charges for these copies and if you advise me in advance of the (three words deleted) I will endeavour to have a cheque with me when we attend.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure, dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.
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EXHIBIT G
NOTE: A post verification and audit revealed of the 187 pages (185 e-mail) from my Affidavit of Documents Schedule "A" turned over to Counsel only 2 NOT 11 were missing as Mr. Trachtenberg has falsely alleged.
Manitoba lawyer Murray Norman Trachtenberg
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