Wednesday, September 16, 2009

Rita Cullen knows defamation!

Good Day Readers:

In September of 1998 Rita Cullen was named as a Defendant in a defamation case. Next time we're at the Law Courts Building we'll request the file be pulled so we can update you on its current disposition.

Ms Cullen ceased being a Manitoba Metis Federation Director effective June 29, 2006 the date of its last election. We do not know whether she ran and was defeated or chose not to be a candidate. She remains a Plaintiff in the Federation's taxpayer financed defamation lawsuit against the now defunct www.CyberSmokeSignals.com. Presumably her legal fees are still being paid from public funds.

The Plaintiff Ron Erickson was represented in the action cited below (a stripped down verson eliminating the opening legal preamble) by Winnipeg lawyer Richard Beamish who replaced MMF solicitor Murray Trachtenberg (Posner & Trachtenberg - www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca) in late December 1999 as corporate counsel to the "arms-length" Manitoba Metis Federation affiliate the Louis Riel Capital Corporation.

Sincerely,

Clare L. Pieuk

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CI-98-01-09563

QUEEN's BENCH

Winnipeg Centre

RON ERICKSON (Plaintiff)

and

RITA CULLEN (Defendant)

______________________________

AMENDED STATEMENT OF CLAIM
______________________________

SCURFIELD TAPPER CUDDY

Barristers and Solicitors

10th Floor, 330 St. Mary Avenue

Winnipeg, Maniotba R3C 3Z5

RICHARD M. BEAMISH

Solicitor for the Plaintiff

Telephone No. 944-8777

----------------------------------------------------------------------------------

Note: Under Queen's Bench Rules subsequent changes to a document are indicated by underlining. However, the best we can do with a blog is to bold them. This is an Amended Statement of Claim.

1. The Plaintiff Claims:

a) General Damages;

b) Special Damages;

c) Aggravated/Punitive damages;

d) Costs on a solicitor and his own client basis; and

e) Such further and other relief as counsel may advise and this Honourable Court may permit.

2. The Plaintiff, Ron Erickson, resides in Brandon, Manitoba.

3. The Defendant, Rita Cullen, resides in Brandon, Manitoba.

4. The Plaintiff states that he is and was at all material times, involved in various Native political groups and worded as well as an employee of other Native organizations with a primary interest in the sustenance and development of Native culture and the Native people.

5. The Defendant Rita Cullen was similarly involved in Native political affairs over the years.

6. The Plaintiff states that on January 18, 1997, at a public meeting of the Manitoba Metis Federation, the Defendant stated in said public forum the following:

"Ron has been double dipping all along" (referring to an allegation that the Plaintiff stole BINGO money and doctored the records to cover the thefts.

"Ron is a cheating and conniving person" (conveying that the plaintiff is not an honest person), both stating and implying that the Plaintiff is dishonest and corrupt, all of which were in the presence of the constituents whom he requested and others in his community.

7. The Plaintiff states that the words spoken by the Defendant were calsulated to bring him into odium and contempt in the minds of the people in his community and are offensive and defamatory.

8. The Plaintiff states that his reputation has been irrevocably harmed by the Defendant whose words were meant to convey that he sould not be trused nor that he should represent his people in any elected capacity.

9. The Plaintiff states that in addition to the harm to his political reputation, his comfort to live in his own community has been adversely effected as a direct result of the Defendant having publicly called his integrity into question.

10. the Plaintiff claims punitive, aggravated and/or exemplary damages due to the nature of the defamation, the fact that the Plaintiff held political office, and the effect on the Plainitff's life in his own community.

11. The plaintiff pleads and relies on the provisions of the Defamation Act RSM. 1987, cD20.

12. The Plainteff therefore claims as set out above.

SCURFIELD TAPPER CUDDY

Barristers and Solicitors

10th Floor, 330 St. Mary Avenue

Winnipeg, Manitoba

R3C 3Z5

RICHARD M. BEAMISH

Telephone No.: 944-8777

Facsimile No.: 947-2593

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