Wednesday, May 26, 2010

Has anyone seen Tully?

Anonymous has left a new comment on your post, "Lionel Chartrand?"

Maybe Lionel Chartrand put Tully in jail! Say, you confuse me. You speak in a derogatory way about Lionel Chartrand (e.g. he must have slept through Intellectual Property classes in law school), as if he may have given you bad advice about the legality of the "Petition" yet you trumped up that Petition to high heaven even with Jeff Niederhoffer's blessing! And you tried to amend your defence documents to plead truth as a defence. Which one is it - did Lionel Chartrand slewfoot you or is he a hero?
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Dear Anonymous:

Thank you for writing. Sorry it's not us who's confusing you, rather, it's your lack of familiarity with the case so here goes.

When the MMF first issued its Statement of Claim (March 31, 2005) one of the first moves by their lawyer Murray Tractenberg (www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca) was to petition the court for Motion Hearings so he could use his knowledge of Queen's Bench Rules to trash the Statements of Defence of unrepresented Defendants. At one point during Pre-Trial Hearings, the presiding justice noted what Co-Defendant Belhumeur and I had submitted were not really pleadings so gave us the opportunity to resubmit subject to final approval by her and Counselor Trachtenberg.

Mr. Belhumeur announced in court he'd be retaining Winnipeg lawyer Regan Thatcher for the express purpose of amending his Statement of Defence. He never did. I, on the other hand, have submitted 5 proposed amended Statements of Defence begining April 3, 2009. Murray Trachtenberg has been a serial kvetcher (Yiddish = complainer) throughout the process - "as well as" has been inserted or "in all material times" changed to "at all material times" etc., etc., etc. ad nauseaam.

To date there have been 19 Pre-Trial Hearings/Case Management Conferences/Motion Hearings since early September 2008 when Corporate Team TRACHTENNBERG - chartrand decided to proceed to trial. Number 20 will be June 20 next month and guess what the topic will be - amending my Statement of Defence. And by the way, the Court Order issued (October 2009) allowing me amend certain provisions of my S/D is a significant victory. Counselor Trachtenberg over the years has amended his clients S/C five times.

Lionel Chartrand a hero - HA! He's not a slewfoot, rather, a slewfeet! We weren't familiar with the term so Googled it: "Sweeping or kicking out a player's skate or tripping them from behind, causing them to fall backwards."

The problem facing Murray Trachtenberg is he's trying to make a silk purse out of an old sow's ear while you as a Canadian taxpayer are paying.

As for Tully (Vorcheux) suffice it to say he's hardly Wetaskiwin, Alberta Crown Prosecutor Lionel Chartrand's biggest fan - and that's being very kind.

We haven't heard from Mr. Vorcheux recently so perhaps you're right. We certainly hope he's not languishing in the Wetaskiwin county jail. If you see this please contact us Tully so we can let our readers know you are alright.

Finally, as previously suggested you really should get a publicly available copy of the MMF's most recent Statement of Claim which will answer many of the questions you have asked.

Sincerely,
Clare L. Pieuk

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