The "9-11" affidavit!

Good Day Readers:

A special thank you to The Public Eye (Truth To Power - www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com) for the following posting.

By way of brief background, a Court of Queen's Bench clerk inadvertently filed one of our affidavits making it potentially available for viewing by the public. When MMF lawyer Murray Trachtenberg found out he almost went ballistic. Makes you wonder why doesn't it?

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

Sincerely,

Clare L. Pieuk
------------------------------------------------------------------------------------------
25 January 2010
Manitoba Lawyer Murray Trachtenberg and "My Clients"

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
Email: mtrachtenberg@ptlaw.mb.ca
Website: www.ptlaw.mb.ca

Legal Assistant
Pat Bergen
Phone: 204-940-9603
Email: pbergen@ptlaw.mb.ca
_______________________________________

September 15, 2009

File No: 2003-20

Court of Queen's Bench
Law Courts Building
Room 226 - 408 York Avenue
Winnipeg, Manitoba R3C 0P9

Via Fax

Attention: Honourable Madam Justice K. I. Simonsen

Dear Justice Simonsen:

Re: Manitoba Metis Federation Inc. et al vs. Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955

This is further to my email to Mr. Pieuk of September 14, 2009 a copy of which I sent by fax to your office yesterday. I wish to repeat the request contained in that email namely, that you immediately direct the Queen's Bench Registry to remove Mr. Pieuk's affidavit of September 11, 2009 from the Court file. Such direction would be in keeping with your letter of September 2, 2009 which indicated to Mr. Pieuk that any proposed affidavit should not be filed with the Court until the matter of its admissibility was determined by you.

As I had indicated during the hearing on September 14, 2009 it is my position that the contents of his affidavit are irrelevant and in many paragraphs, scandalous. Much of the contents are there simply to embarrass one or more of the plaintiffs.


Furthermore, as I noted in my email of September 14, 2009 to Mr. Pieuk, in the event his affidavit of September 11, 2009 is made available to the public including on the internet, he would in fact be disclosing the alleged contents of a number of documents, which Justice McCawley ordered returned to the plaintiffs and, which the interim injunction by Chief Justice Monnin specifically prohibits him from "displaying, posting or publishing on the internet or elsewhere." The alleged inadvertence of a Court clerk who, according to Mr. Pieuk has entered the affidavit in the Court pocket cannot be allowed to result in the breach of the protection granted to my clients by the interim injunction.

Yours truly,

MURRAY N. TRACHTENBERG
MNT/pb

cc. Clare L. Pieuk (via email)
cc. Terry Belhumeur (via email)