The questionable affidavit?

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

Maria L. Grande

January 7, 2005

Posner & Trachtenberg
Barristers and Solicitors

710 - 491 Portage Avenue

Winnipeg, MB R3B 2E4

Attention: Mr. Murray N. Trachtenberg

Dear Sir:

Re: Dumont v. Manitoba Metis Federation Inc. et al.
Court of Appeal File No. AI 04-30-05778

Court of Appeal File No. AL 04-30-05805

Our Matter No. 0067058 RALN

__________________________________________________

I am quite disappointed in your letter and enclosures dated January 6, 2005, sent by fax at 11:39 a.m. same date. By letter dated January 6, 2005, sent to you by fax at 10:29 a.m., we advised you amongst other things that we do not have instructions to accept a Notice of Appointment for Assessment of Costs. Notwithstanding, at 11.39 a.m., you sent to us a fax purporting to serve upon us a Notice of Appointment for Assessment of Costs in the Court of Queen's Bench. You also took and Affidavit which was sworn on January 6, 2005, which at paragraph 5 says, "as at the time of swearing this Affidavit I have had no response to this letter." From our point it would appear that paragraph 5 of your Affidavit is not correct, and/or at minimum prior to your faxing same over, it was incumbent upon you to correct same given the fax that you received.

As a side note, given that you have taken an Affidavit, we question the appropriateness of your appearance at the assessment.

Again, we do not have instructions to accept a Notice of Appointment for Assessment of Costs, and as we stated in our letter dated January 6, 2005, a copy of which is enclosed, together with the fax confirmation sheet, we ask that in the circumstances that you deal directly with Mr. Yvon Dumont.

Yours Truly,

THOMPSON DORFMAN SWEATMAN LLP

Per: Maria L. Grande

cc. Michael Green

cc. Yvon Dumont

cc. Assessment Officer - 373 Broadway Avenue