Friday, April 02, 2010

Get that last penny Team TRACHTENBERG-chartrand an election is coming!

www.ptlaw.mblca; mtrachtenberg@shaw.ca
On February 16, 2010 we appeared before The Honourable Madam Justice Joan McKelvey Court of Queen's Bench to argue a Motion we'd filed for a postponement of the trial (scheduled for March 1, 2010) in Manitoba Metis Federation et al. versus Terry Belhumeur et al. Co-Defendant Belhumeur was present but wouldn't even get off his ass to say he supported us even though if we won he too would benefit - the usual bump on the log waiting for others to do the heavy lifting so he could be the first at the trough.
On March 18, 2010 Justice McKelvey issued a 9-page ruling which we'll post at some point. Because we have an Appeal pending before the Manitoba Court of Appeal (April 19, 2010 at 9:30 a.m. in Courtroom 330 - open to the public) Myladyship granted our request for a postponement.
Below is the letter MMF taxpayer financed, prolific, production line defamation lawyer Murray Trachtenberg then wrote to Her Honour followed by her response. Justice McKelvey's letter is particularly interesting for what She doesn't say - read between the lines.
Shortly Counselor Trachtenberg and his Plaintiffs will meet their Waterloo - a freight train is bearing down on them but they don't hear or see it! Soon it will be POW! What hit us?
Sincerely,
Clare L. Pieuk
------------------------------------------------------------------------------------------
Posner & Trachtenberg
710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
March 22, 2010
Court of Queen's Bench
Law Courts Building
Room 226 - 408 York Avenue
Winnipeg, Manitoba R3C 0P9
Attention: Honourable Madam Justice J. G. McKelvey
Dear Justice McKelvey:
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 your reasons for judgment dated March 18, 2010. I would appreciate receiving clarification/direction on the following:
1. With respect to throw-away disbursements, your decision is silent. Attached to Oliver Boulette's affidavit was a process server invoice in the amount of $50.40 for personal service on Messrs. Belhumeur and Pieuk of a notice of intention to call adverse parties. The will have to be served again when new trial dates are established. This disbursement along with a nominal amount of $25.00 for photocopies, postage and long distance charges related to scheduling of witnesses and advising of the the adjournment of trial are sought. Please advise if thse disbursements are awarded.
2. With respect to costs of the motion I enclose a copy of the transcript invoice dated February 2, 2010. This transcript was part of the material filed for the motion. As well, the plaintiffs filed three affidavits, a book of authorities and a motion brief and are seeking photocopying charges in the amount of $50.00. Please advise if these disbursements are awarded.
3. I will prepare a draft order and circulate it to Mr. Pieuk and yourself. Do we reqire Mr. Pieuk's approval as to form of the order?
4. Your judgment is silent as to the consequences that may arise should Mr. Peiuk fail to pay the amounts ordered on or before May 30, 2010. In gthe event he fails to make payment, will this matter come bace on for further hearing before you in your capacity as as the trial judge?
Yours truly,
MURRAY N. TRACHTENBERG
cc: Clare L. Pieuk (via email)
cc: Terry Belhumeur (via email)
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March 31, 2010
Mr. Murray Trachtenberg
Posner & Trachtenberg
710 - 491 Portage Avenue
Winnipeg MB R3B 2E4
Mr. Clare Pieuk
(By e-mail to pieuk@shaw.ca)
Mr. Terry Belhumeur
(By e-mail to oakhammock101@yahoo.ca)
Dear Sirs:
Re: Manitoba Metis Federation Inc. et al v. Belhumeur et al
Queen's Bench File No. CI 05-01-41955
Thank you for your letter dated March 22, 2010.
Please be advised that throw-away disbursements and costs were included in the amounts awarded pursuant ot the March 18, 2010 judgment.
Please be advised I do not require Mr. Pieuk's approval as to form of the order.
The judgment of March 18, 2010 was intentionally silent as to the consequences that may arise should Mr. Pieuk fail to pay the amounts ordered on or before May 30, 2010. In the event payment is not made, the matter should be brought back on befroe me for fruther hearing. This would be in my capscity as the motions judge who heard the adjournment request and nto as the trial judge. In light of the adjournment, I will not necessarily be teh trial judge assigned to this matter.
Yours truly,
(Original signed by)
Madam Justice Joan McKelvey

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