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Truth To Power (www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com)

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June 27, 2010
"Counsel for the Plaintiffs" and "the Plaintiffs"

THE QUEEN'S BENCH
WINNIPEG CENTRE

BETWEEN:

MANITOBA METIS FEDERATION INC., ANITA CAMPBELL, DAVID CHARTRAND, ELBERT CHARTRAND, RITA CULLEN, JEAN DESROSIERS, JOHN FLEURY, LAURA HYRICH, JULYDA LAGIMODIERE, LEAH LAPLANTE, JUDY MAYER, DARRYL MONTGOMERY, MARILEE NAULT, JACK PARK, CLAIRE RIDDLE, and DENISE THOMAS,

plaintiffs,

- and -

TERRY BELHUMEUR and CLARE L. PIEUK

defendants.

NOTICE OF MOTION

TAKE NOTICE THAT the plaintiffs will make a motion before the Honourable Madam Justice J.G. McKelvey on Wednesday, June 30th, 2010 at 10:00 a.m. or as soon after that time as the motion can be heard at the Law Courts Building, 408 York Avenue, in the City of Winnipeg, in Manitoba.

THE MOTION IS FOR:

1. An order striking out the Statement of Defence of the defendant Clare L. Pieuk:

2. In the alternative, such other order as is just.

3. Costs of the motion payable on a solicitor and own client basis.

4. Such further and other relief as the nature of the case may require and this Honourable Court deem just.

THE GROUNDS FOR THE MOTION ARE:

1. Queen’s Bench Rule 60.11.

2. The defendant Clare Pieuk has failed to comply with the order of Justice McKelvey pronounced May 17, 2010 which required him to pay the amount of $4,003.22 to the plaintiffs on or before May 30, 2010.

3. Such further and other grounds as counsel may advise and this Honourable Court may allow.

THE FOLLOWING DOCUMENTARY EVIDENCE will be referred to at the hearing of this motion:

1. Affidavit of Donald Roulette sworn June 2, 2010.

2. Such further and other documentary evidence as counsel may advise and this Honourable Court may allow.
Date: June 4, 2010

POSNER & TRACHTENGERG
Barristers, Solicitors and Notaries Public
Winnipeg, MB R3B 2E4

Murray N. Trachtenberg

Telephone (204) 940-9602
Fax No. (204) 944-8878
Counsel for the plaintiffs

TO: ANDERS BRUUN
Barrister & Solicitor
239 Aubert Street
Winnipeg, MB R2H 3G8

AND TO: TERRY BELHUMEUR
2020 Burrows Avenue
Winnipeg, MB R2R 0Y8