MMF taxpayer financed defamation lawyer Murray Trachtenberg!
www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.caWednesday, August 1, 2007
Mr. Allan Fineblit, Q.C.
Chief Executive Officer
The Law Society of Manitoba
219 Kennedy Street
Winnipeg, Manitoba R3C 1S8
afineblit@lawsociety.mb.ca
Abuse of Process Complaint - Murray Norman Trachtenberg
Dear Mr. Fineblit:
I would like to formally file a complaint aganist Counselor Trachtenberg for his conduct of a Discovery for Examination in Queen's Bench File No. CI 05-01-41955.
A. The Facts
(1) On October 6, 2006 Counselor Trachtenberg wrote to self-represented Co-Defendants Terry Belhumeur and I stating in part:
"I am currently working on the plaintiffs' affidavit of documents ..... Upon delivery of my clients' affidavit, I shall be arranging a time to examine you for discovery."
(2) On April 20, 2007 Mr. Trachtenberg wrote Messrs. Belhumeur and I. His letter, in part, stated:
"I anitcipate completing an affidavit of documents and forwarding same to you by May 15, 2007. I wish to establish dates to examine each of you for discovery. I am available on the following dates during June: June 1, 4, 7, 8, 11-15, 18, 19, 21, 22, 25-29. Please advise me as to your availability during the month of June."
(3) On May 25, 2007 Mr. Trachtenberg wrote Co-Defendants Belhumeur and Pieuk:
"Unfortunately, I was not able to complete the affidavit of documents by the May 15th date that I has mentioned although I anticipate sending it to you shortly. I am available July 2-12 inclusive and 23-31 inclusive to proceed with the examinations for discovery."
(4) July 6, 2007 Counselor Trachtenberg wrote to Co-Defendants Belhumeur and Pieuk:
"Enclosed please find an original affidavit of documents of the plaintiffs Manitoba Metis Federation Inc. sworn July 6, 2007. I have written to both of you previously and requested your advice as to your availability for examinations for discovery. I have had no response. I am available on August 21, 22, 23, 24, 29, 30 and 31, 2007. Please advise as to your availability on these dates. In the event I do not hear from both of you within one week from the date of this letter, I will pick a date for the discoveries and have you served with the appropriate notice."
(5) July 15, 2007 I sent Counselor Trachtenberg the following e-mail:
Without Prejudice
Mr. Allan Fineblit, Q.C.
Chief Executive Officer
The Law Society of Manitoba
219 Kennedy Street
Winnipeg, Manitoba R3C 1S8
afineblit@lawsociety.mb.ca
Abuse of Process Complaint - Murray Norman Trachtenberg
Dear Mr. Fineblit:
I would like to formally file a complaint aganist Counselor Trachtenberg for his conduct of a Discovery for Examination in Queen's Bench File No. CI 05-01-41955.
A. The Facts
(1) On October 6, 2006 Counselor Trachtenberg wrote to self-represented Co-Defendants Terry Belhumeur and I stating in part:
"I am currently working on the plaintiffs' affidavit of documents ..... Upon delivery of my clients' affidavit, I shall be arranging a time to examine you for discovery."
(2) On April 20, 2007 Mr. Trachtenberg wrote Messrs. Belhumeur and I. His letter, in part, stated:
"I anitcipate completing an affidavit of documents and forwarding same to you by May 15, 2007. I wish to establish dates to examine each of you for discovery. I am available on the following dates during June: June 1, 4, 7, 8, 11-15, 18, 19, 21, 22, 25-29. Please advise me as to your availability during the month of June."
(3) On May 25, 2007 Mr. Trachtenberg wrote Co-Defendants Belhumeur and Pieuk:
"Unfortunately, I was not able to complete the affidavit of documents by the May 15th date that I has mentioned although I anticipate sending it to you shortly. I am available July 2-12 inclusive and 23-31 inclusive to proceed with the examinations for discovery."
(4) July 6, 2007 Counselor Trachtenberg wrote to Co-Defendants Belhumeur and Pieuk:
"Enclosed please find an original affidavit of documents of the plaintiffs Manitoba Metis Federation Inc. sworn July 6, 2007. I have written to both of you previously and requested your advice as to your availability for examinations for discovery. I have had no response. I am available on August 21, 22, 23, 24, 29, 30 and 31, 2007. Please advise as to your availability on these dates. In the event I do not hear from both of you within one week from the date of this letter, I will pick a date for the discoveries and have you served with the appropriate notice."
(5) July 15, 2007 I sent Counselor Trachtenberg the following e-mail:
Without Prejudice
Sunday July 15, 2007
Mr. Murray N. Trachtenberg
Posner & Trachtenberg
Barristers, Solicitors & Notaries Public
710-491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Dear Sir:
Please be advised your letter dated July 6, 2007 was received by surface mail Monday, July 9, 2007.
"In the event I do not hear from both of you within one week from the date of this letter, I will pick a date for the discoveries and have you served with the appropriate notice."
To remind you Sir:
(1) "I am currently working on the plaintiffs' affidavit of documents. The Queen's Bench Rules require every party to a lawsuit to disclose relevant documents that are or have been in thier possession by way of a sworn affidavit of documents." (Murray Trachtenberg)
"Upon delivery of my clients' affidavit, I shall be arranging a time to examine you for discovery." (Murray Trachtenberg - October 11, 2006)
(2) "I anticipate completing an affidavit of documents and forwarding same to you by May 15, 2007." (Murray Trachtenberg - April 20, 2007)
(3) "Unfortunately, I was not able to complete the affidavit of documents by the May 15th date that I had mentioned although I anticipate sending it to you shortly." (Murray Trachtenberg - May 25, 2007)
I will be available Friday, August 31, 2007 from 8:00 a.m. - 10:00 a.m. (Clare Pieuk)
(4) July 23, 2007 Law Society Member Trachtenberg wrote in part:
"I acknowledge receipt of an email from Mr. Pieuk dated July 15, 2007 advising that he is available for discovery on August 31, 2007 between 8:00 and 11:00 a.m. No response has been received from Mr. Belhumeur. As far as my examination of Mr. Pieuk is concerned, I am available September 4, 5, 6 and 7, 2007. I am also prepared to examine Mr. Belhumeur on one of these days."
B. Basis for Complaint - Relief Sought
(1) Rules of Procedure state an Affidavit of Documents is to be served "within 10 days after the close of pleadings."
(2) I have been denied my fundamental right to inspect the documents listed in Schedule A of the Affidavit of Documents by not having been served by Counselor Trachtenberg with a book containing copies of these documents. Therefore, I am unable to prepare for the Examination for Discovery and will not agree to such until this is done.
(3) Counselor Trachtenberg is not treating the Defendants equally. As Co-Power of Attorney for my Mother who has advanced Alzheimer's Diseare, I had arranged for an out of province trip immediately after the August 31, 2007 agreed upon date to atttend to legal matters. Therefore, I am now unable to commit to one of Mr. Trachtenberg's availabilities.
I, therefore, formally request the Law Society of Manitoba to review the facts fo this complaint and rule Mr. Trachtenberg's actions to be an abuse of process. Further, I ask he be deemed ungovernable and subject to discipline.
Hopefully, we can resolve this matter, Sir, so it won't be necessary to go public.
A hard copy to follow.
Yours truly,
Clare L. Pieuk
Blogmaster
posted by Clare L. Pieuk at 7:11 AM
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