Plaintiff Claire Riddle!
Good Day Readers:
For those not familiar with our legal system, a Plaintiff or Defendant can be required to provide testimony under oath (usually in the office of a lawyer) that is electronically recorded by a registered court reporter and a transcript prepared. Examinations for Discovery and Cross-Examinations are examples of where the technique may be used. The going rate for Winnipeg is approximately a $100 attendance fee for half a day ($200 full day) plus about $3.50/page for a written transcript which can then be entered into evidence during a Motion Hearing, Pre-Trial Conference/Case Management Meeting or at Trial.
In the taxpayer financed Manitoba Metis Federation's alleged defamation lawsuit against the now defunct www.CyberSmokeSignals.com, the site's registered owner Terry Belhumeur was required to undergo an Examination for Discovery during January of 2008 while I was subjected to a C-E (about 2 hours - January 2006) and E f D (approximately 2 1/2 hours September 2007 ). These were conducted by MMF lawyer Murray Trachtenberg from Posner & Trachtenberg (www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca).
Self-represented litigants can resort to Written Interrogatories whereby they prepare a list of questions for the lawyer representing the other side who is then supposed to interview their client(s) and provide the originator with answers which can subsequently be entered as evidence. During early January 2008 I submitted a total of 38 pages worth of inquiries for the 19 Plaintiffs who still remained in the lawsuit at the time (all Federation Provincial Board of Directors).
Counselor Trachtenberg refused to co-operate claiming in an October 20, 2008 letter, "..... the questions are irrelevant and/or scandalous and/or vexations." Therefore, the Written Interrogatories (and non-existent responses) do not appear on the Queen's Bench File Registry as a public domain document.
Ms Riddle serves as a Director on both the MMF's Winnipeg Regional Office, as well as, its Provincial Board and has for several years. She remains a Plaintiff in the Federation's taxpayer financed defamation lawsuit against CSS.com. Persumably her legal fees are still being paid from public funds. Here are her Written Interrogatories.
Sincerely,
Clare L. Pieuk
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FORM 35 A
QUESTIONS ON INTERROGATORIES
(General Heading - Form 4A)
The Co-Defendant Clare L. Pieuk requiries that the following questions be answered by affidavit in Form 35B prescribed by the Queen's Bench Rules, served within 15 days after service fo these questions.
(Where a further list of questions is served under rule 35.04 substitute:)
The Co-Defencant Clare L. Pieuk required that the following further questions be answered by affidavit in from 35B prescribed by the Queen's Bench Rules served within 15 days after service of these questions.
January 2, 2008
PLAINTIFF CLAIRE RIDDLE
To: Murray N. Trachtenberg
710-491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
1. As a Plaintiff represented by Counselor Murray Norman Trachtenberg in the defamation lawsuit CI 05-01-41955, how much have you incurred to date in legal fees? What amount have you paid? If none, from where in the MMF budget is Mr. Trachtenberg being reimbursed?
2. Have you been convicted of a civil offence(s) including Small Claims Court? If yes, please provide complete particularization - [date(s), location(s), court file number(s), description of judgments(s), penalty(ies) assessed].
3. Have you been convicted of a criminal offence(s)? If yes, provide complete particularization - [date(s), location(s), court file number(s), description of conviction(s), penalty(ies) assessed].
4. Have you received a loan(s) from the Manitoba Metis Federation? If yes, provide complete details - [reason for loan(s), date(s), interest rate(s), amounts(s), current status of loan(s)].
5. Do you or have you owed the Manitoba Metis Federation monies for travel expenses or any similar activity(ies) related to your duties as a Provincial Board of Director? If yes, provide complete details of outstanding debt(s). What is their current status?
6. As a Provincial MMF Director, have you received any bonus paymnets(s)? If yes, provide complete details - [reasons(s) for bonus, date(s) and amount(s)]. Have such monies been declared as earnings on your income tax returns?
7. Have you been convicted of an offence(s) under Manitoba's Wildlife Act, or similar legislation in another province(s)? If yes, provide complete details - [file number(s), date(s), locations(s), penalty(ies) assessed].
8. Explain how articles posted on www.CyberSmokeSignals.com have impugned your reputation, character or harmed your career advancement causing you a loss of income. What has been the estimated decline in you earning potential? Give examples of specific articles from the aforemetnioned website that have allegedly contributed to this situation.
9. As a Provincial Board of Director, were or are you aware Lionel R. Chartrand entered into a contract to provide paid legal advice to the Manitoba Metis Federation regarding Aboriginal hunting rights possibly beginning in 2005? Was this arrangement discussed at a Board of Director Meeting(s) at which you were in attendance? If yes, when?
10. In March, 2003, or thereabouts, did you or did you not receive at least two cheques worth thousands of dollars co-signed by other Board of Directors in the MMF's Winnipeg Regional Office? If yes, explain why these payments were made?
11. As a Director, Winnipeg Regional Office did and do you have signing authority?
12. In March 2003, or thereabouts, did then Winnipeg Regional Office Vice-President Edward Ducharme receive a cheque for $50,000? Who co-signed it? Why was the payment made? Were you one of the co-signers?
13. On or about March 2003 did then Winnipeg Regional Office Director Andrew Carrier receive two cheques worth several thousands of dollars? Were you one of the two co-signers? If not, who were? Why were these payments made?
14. On or about March 2003 did Ed Ducharme's wife receive a cheque for several thousand dollars? Were you one of the co-signers. If not, who were? Why was this payment made?
15. On or about March 2003, did Devona Voss receive a cheque for several thousand dollars? Were you one of the co-signers? If not, do you know who were? Why was this payment made?
16. On or about April, 2003 did newly elected (March 26, 2003) Winnipeg Regional Office Vice-President Ron Chartrand write a letter to David Chartrand and the Provincial Board of Directors questioning these payments and asking if unaurhorized bonuses had been paid to certain individuals? What, if anything did you do at the time regarding this situation? Was remedial action taken? If so what was done?
17. Did Mr. R. Chartrand receive a reply from President Chatrand, any of his Provincial Board of Directors or Murray Norman Trachtenberg? If yes, when was it received and what did it say?
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