Thursday, September 30, 2010

Give Murray Trachtenberg more taxpayer dollars to squeeze blood from a rock!

Good Day Readers:
Some explanation is required if the court document below is to make sense.
On June 15 of this year Co-Defendant Terry Belhumeur, my new attorney Mr. Anders Bruun and Murray Trachtenberg met with Madam Justice Joan McKelvey for the first time. She replaced Justice Simonsen who had presided over more than 20 Pre-Trial Conferences beginning early September, 2008. We know not why.
When we subsequently met a second time with MyLadyship (June 30, 2010), Counselor Trachtenberg's Motion (below) was not considered. Therefore, a Hearing date still remains to be set. These proceedings are normally open to the public unless there's a compelling reason which does not appear to be the case. We will announce it as soon as its been scheduled so you can attend.
This SLAPP (Strategic Lawsuit Against Public Participation) cries out for truth and justice most of all because it represents a deliberate, sinister attempt to suppress information to which you as taxpayers are entitled. Consider these facts:
(1) Counselor Trachtenberg obtained a Court Order (May 2006) forcing Co-Defendant Terry Belhumeur and I to relinquish all internal MMF documents in our possession. The Justice at the time assured us they could be subpoenaed at trial to help in preparing our defence. Murray Trachtenberg has steadfastly refused to cooperate
(2) We submitted a list of written interrogatories (questions) for each of the Plaintiffs. Again, our request was denied by Mr. Trachtenberg as being "vexatious" and "scandalous"
(3) Full disclosure was also denied because it was claimed "not to be part of the pleadings." Expenditures of each Plaintiff for a specific period of time was requested
(4) An order to seal part of my explosive "9-11 Affidavit" (filed September 11, 2009) describing the contents of certain internal MMF documents once in our possession was denied after Mr. Trachtenberg vehemently argued against it. Had it been granted an automatic mechanism would have been triggered by which a list of over 100 media outlets throughout the province must be notified. Look at the uproar in the Douglas-King-Chapman case when the public recently learned about the material ordered sealed years ago by the Court of Appeal with the support of the Manitoba Law Society. Instead, several portions of my affidavit were "quietly" expunged
(5) Because of a litany of past questionable incidents involving practices by Counselor Trachtenberg, I took the highly unusual step of writing directly to the Pre-Trial Judge, as well as, the Chief Justice of the Manitoba Court of Queen's Bench. In a letter I advised them I had lost all confidence, respect and trust for Mr. Murray Trachtenberg as an Officer of the Court (provided reasons), did not believe he was prepared to negotiate in good faith and withdrew from Judicially Assisted Dispute Resolution an attempt to avoid going to trial
(6) Not long after Mr. Anders Bruun agreed to represemt me (pro bono), Mr. Trachtenberg took the unprecedented action of using an obscure Court of Queen's Bench Rule in an attempt to have me barred from attending our first session with Justice McKelvey. Fortunately he failed
As Canadian taxpayers the question you should be asking is by its actions of what is the Manitoba Metis Federation afraid? What is it hiding?
Clare L. Pieuk
File No. CI 05-01-41955
The Queen's Bench
Winnipeg Centre
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,
- and -
Terry Belhumeur and Clare L. Pieuk,
Notice of Motion
Hearing Date: Wednesday, June 30th, 2010 At 10:00 A.M.
Before The Honourable Madam Justice J. G. McKelvey
Posner & Trachtenberg, Barristers, Solicitors and Notaries Public, Suite 710 - 491 Portage Avenue, Winnipeg, Manitoba R3B 2E4
Murray N. Trachtenberg
Phone No. (204) 940-9602/Fax No. (204) 944-8878
Notice of Motion
Take Notice That the plaintiffs will make a motion before teh Honourable Madam Justice J. G. McKelvey on Wednesday, June 30, 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 teh defendant Clare L. Pieuk.
2. In the alternative, such other order, 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 cse may require ans this Honourable Court deem just.
The Ground For The Motion Are:
1. Queen's Bench Rule 60.11.
2. The defendant Clare Pieuk has failed to compy iwth 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 about May 30, 2010.
3. Such further and other grounds as counsel may davise and this Hounourabel Court my allow.
The Following Documentary evidence will be referred to as 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 Hounourable Court may allow.
Date: June 4, 2010
To: Anders Bruun, Barrister & Solicitor, 239 Aubert Street, Winnipeg, MB R2H 3G8
And To: Terry Belhumeur, 2020 Burrows Avenue, Winnipeg, MB R2R 0Y8


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