Monday, November 09, 2009

Donald Schade: "Can you hear me now Murray Trachtenberg?"

Good Day Readers:
Found the following item posted by The Public Eye on Truth To Power.

www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com

Donald Schade (Calgary) is a former Murray Trachtenberg client who was retained a couple years ago to assist Mr. Schade in the sale of his late parents' Winnipeg home.

www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca

In a January 8, 2008 Affidavit filed by Donald Schade he stated in part:

I am on a long term Canada Disability Pension (CPP) under the qualifying terms of "prolonged and severe." I suffer from cognitive problems, especially stressful situation like court appearances, which exacerbate my symptoms.

While reviewing the file we noted Mr. Schade on at least one occasion pointed out to Counselor Trachtenberg a side effect of his condition was to become excited in which case he often resorted to the use of capital letters.

Now all that remains is the identity of the man in the photograph and what he's holding. Anyone know?

Sincerely,

Clare L. Pieuk

----------------------------------------------------------------------------------
09 November 2009
Manitoba Lawyer Murray Trachtenberg

From: Don daschade@telus.net
Sent: Friday, October 26 2007 12:01 PM
To: "MURRAY N. TRACHTENBERG" <mtrachtenberg@ptlaw.mb.ca>
Subject: RE: "UNCONTESTED" NOTICE OF MOTION and AFFIDAVIT

SIR:

I BELIEVE I ADVISED YOU JUST BEFORE YOU ISSUED THESE DOCUMENTS THAT I WAS NOT WELL, AND OR UNDER DOCTOR'S CARE. ALSO, YOU DID NOT CONTACT ME AND OFFER ME THE PROFESSIONAL COURTESY OF ASKING ME IF I WAS AVAILABLE, WHICH I WAS NOT.

I HAVE DOCTOR'S MEDICAL INSTRUCTIONS WHICH PREVENT ME FROM ATTENDING.

ALSO, YOU HAVE STRUCTURED YOUR DOCUMENTS IN SUCH A WAY AS TO TAKE ADVANTAGE OF, AND INCREASED THE DEBILITATING SYMPTOMS OF MY LONG TERM DISABILITY, BY NOT PROVIDING IN ADVANCE DOCUMENTS YOU ARE GOING TO PUT BEFORE THE PRESIDING MASTER. PRESENTING THESE DOCUMENTS IN OPEN COURT, AFTER PREADVISING THE OTHER SIDE, EVEN BEFORE YOU ADVISED ME, VIOLATES MY TRUST AND BREECHES CLIENT CONFIDENTIALITY. I FORBID IT!

YOU HAVE REPEATEDLY IGNORED PROVIDING INFORMATION IN MY FILE ON THE ACTIONS TO DO WITH OUR ORIGINAL PAY AGREEMENT. INSTEAD YOU SEND ME A NEW AGREEMENT WHICH YOU TOLD ME IS THE SAME AS THE ORIGINAL; WHICH MAKES ME WONDER WHY YOU ARE TRYING TO SIGN A NEW (AND DIFFERENT AGREEMENT WHICH FORCES ME TO PROVIDE A PERSONAL GUARANTEE).

YOU HAVE NOT ANSWERED MY QUESTION ON WHAT IS THE DEFINITION OF "VACANT POSSESSION?" YOU KEEP REFERRING TO MATTERS THAT I CAN NOT FIND, AND DO NOT INCLUDE THESE MATTERS WITH YOUR EMAILS. BY REPEATING THESE TIME AND TIME AGAIN, YOU ARE RUNNING UP MY BILL, AND YOU WASTE MY TIME, WHICH IS VALUABLE.

YOU WERE AND ARE WELL AWARE THAT THERE IS NO MONEY IN BOTH OF THE ESTATES. YOU ARE AWARE THAT A COURT ORDER INSTRUCTING LARRY SCHADE TO PAY JUST UNDER $1383.87 (PLUS INTEREST?), WHICH YOU HAVE MADE NO ATTEMPT TO COLLECT. YOU ARE, OR SHOULD BE AWARE, THAT THIS CAN BE USED TO ELIMINATE LARRY SCHADE'S FRIVOLOUS CONTESTED ACTIONS. THIS WOULD ALSO REDUCE YOUR BILLINGS TO ME AND THE ESTATE.

YOU ARE ALSO AWARE THAT LARRY SCHADE HAS FINALLY DECLARED THAT THERE WAS A LOAN BETWEEN HIM AND MY MOTHER OF $11,000+/-; AND YOU HAVE DONE NOTHING TO COLLECT THIS. YOU ARE ALSO AWARE THAT THERE HAVE BEEN INTERESTS 3-4 TIMES+, OF PURCHASING 2 WINDERMERE BAY (WPG.), THE SOLE ASSET OF ALFRED SCHADE'S ESTATE.

THE MOST RECENT ONE WAS AN INDICATION FROM A MORTGAGE FIRM THAT THERE WAS A FUNDING OF $62,500.00 WHICH WOULD PROVIDE TOTAL FUNDS FOR THE PURCHASE OF THIS HOME. AS YOU CHOSE TO SCAN, RATHER THAN READ WHAT I EMAIL YOU. I TWICE SENT THESE TO YOU! I RECEIVED NO RESPONSE.

THE PREVIOUS ORDER / MOTION IN MY FAVOR, WOULD HAVE GIVEN ME TOTAL CONTROL OVER THE PROPERTY IF YOU HAVE ACTED ON IT, ON OR ABOUT JUNE 14, 2007.

I AM IN THE PROCESS OF GETTING LEGAL AID, AND APPEAR TO BE WITHOUT COUNSEL. WITH THIS FACT, AND MY MEDICAL SITUATION, I ASK THAT THE NOVEMBER 2, 2007 BE ADJOURNED OR POSTPONED. ALSO, YOU SHOULD KNOW THAT I AM ADVISED THAT THE "PRESIDING MASTER" DOES NOT HAVE JURISDICTION, AS MADAM JUSTICE DUVAL IS SEIZED WITH THESE ACTIONS. EVEN IF I COULD APPEAR, I WOULD HAVE WASTED 30+ HOURS OF TRAVELING TIME, AT SIGNIFICANT EXPENSE TO ME, WITH NO PLACE TO STAY IN WINNIPEG.

PLEASE ADVISE ME THAT THESE COURT MATTERS WILL STOPPED. I WILL NOT CONSENT, WHICH WAS PRESUMPTIVE ON YOU, AND AS MATTERS STAND, THE "UNCONTESTED NOTICE OF MOTION, WILL BE CONTESTED.

DON SCHADE, EXECUTOR

3 Comments:

Blogger Scott MacNeil said...

Well. One thing is for sure, there is no ambiguity here. Reminds me of that timeless country ditty: "Somebody has done somebody wrong song"!

Clearly, somebody, someone, some person, some lawyer(?) has dropped the ball on this file. Sad really. One cannot help but wonder how many other files he may have compromised?

11:15 AM  
Blogger The Mad Bomber said...

The actor, of course, is Kevin Spacey; the character he is playing is none other than . . . Superman supervillain Lex Luthor.

The unflattering portrait of Murray Trachtenberg that is presented in Mr. Schade's emails should make it easy to see why I chose Lex Luthor as the image for this post. In the "Superman" canon, Lex Luthor is a planner, a schemer, a mastermind, whose motives are always ulterior and below the surface. Suffice to say, Mr. Schade apparently believes that Mr. Trachtenberg - seemingly from the start - harboured motives in his case that went beyond simple, goodfaith legal representation. If we take Mr. Schade's allegations and characterizations at face value, the use of Lex Luthor as a metaphorical image becomes easily understandable.

I invite readers to consult Mr. Schade's emails for themselves (the important ones are now in their entirety reprinted on my blog "Truth to Power", www.accesstoinfo.blogspot.com) and draw their own conclusions.

6:55 PM  
Blogger The Mad Bomber said...

Oh, and as to what he's holding . . . . I wouldn't be doing my bit to encourage intellectual inquiry if I gave away all the answers, now would I?

Anyone with even five minutes' familiarity with "Superman" should know exactly what he's holding and why. Hint: He's not decorating a Christmas tree.

6:58 PM  

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