Good Day Readers:
In the continuing adventures of Weaselly and The Bully, Canadian taxpayer financed Team TRACHTENBERG -chartrand have filed a Motion in the Manitoba Court of Queen's Bench to strike from the record the Statement of Defence of one of the Defendants, a senior citizen on a limited pension, because he is uable to pay a court ordered fine incurred while he was self-represented.
The Motion Hearing will take place Tuesday, March 15, 2011 at 10:00 a.m. presided over by Justice McKelvey who will also serve as the trial judge in a proceeding scheduled to begin May 16 next year and last 4-weeks. We assume the rather lengthy delay getting a Hearing is only reflective of the backlog currently facing our judicial system.
During the first Pre-Trial Conference (early September 2008) $250/hour Manitoba Metis Federation prosecutor Murray Norman Trachtenbgerg's request for a publication ban was granted.
We could have appealed the Ban but chose not to because now former Pre-Trial Justice Madam Karen Simonsen (currently on leave) advised at the time she would likely preside over a challenge should one be filed. However, it does not apply to Motions which are open to the public. Attend to see how your hard earned tax money is being spent.
Below is a copy of the Motion and supporting Affidavit filed by MMF Executive Director Mr. Don ("The Donald") Roulette.
On another front, settlement negotations are currently underway. Courts prefer this information remain confidential so as not to jeopardize any possible agreement. However, suffice it to say (for now) we are quietly extremely confident in our position and the probably outcome. We will have more to say after January 28, 2011.
Sincerely,
Clare L. Pieuk
__________________________________________________
File No. CI 05-01-41955
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
HEARING DATE: TUESDAY, MARCH 15, 2011 AT 10:00 A.M.
BEFORE 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
File No. 2o03-20
NOTICE OF MOTION
TAKE NOTICE THAT the plaintiffs will make a motion before the Honourable Madam Justice J. G. McKelvey, March 15, 2011 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
To: ANDERS BRUUN
Barrister & Solicitor
239 Aubert Street
Winnipeg, MB R2H 0Y8
And To: TERRY BELHUMEUR
2020 Burrows Avenue
Winnipeg, MB R2R 0Y8
POSNER & TRACHTENBERG
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
__________________________________________________
File No. CI 05-01-41955
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
__________________________________________________
AFFIDAVIT OF DONALD ROULETTE SWORN THE 2nd DAY OF JUNE 2010
HEARING DATE: TUESDAY, THE 15th DAY OF MARCH 2011 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
File No. 2o03-20
AFFIDAVIT OF DONALD ROULETTE
I, Donald Roulette, of the City of Winnipeg, in the Province of Manitoba MAKE OATH AND SAY THAT:
1. I am the Executive Director of the Manitoba Metis Federation Inc. ("MMF") and as such have personal knowledge of the matters hereinafter deposed to by me save and except where same are stated to be basesd upon information and belief in which case I do verily believe same to be true.
2. Attached and marked as Exhibit "A" is a copy of an order pronounced by Justice McKelvey and signed the 17th day of May 2010 which requires Mr. Pieuk to pay to the plaintiffs the amount of $4,003.22 on or before May 30, 2010.
3. Attached and marked as Exhibit "B" is a copy of a letter from Mr. Trachtenberg to Mr. Pieuk's counsel, Mr. Bruun dated May 25, 2010 which I am informed by Mr. Trachtenberg and do verily believe was sent to Mr. Bruun at that time together with a copy of the order of Justice Mckelvey.
4. I am informed by Mr. Trachtenberg, and do verily believe, that Mr. Pieuk has not sent the money payable to the plaintiffs, to Mr. Trachtenberg's office. The MMF has not received any payment from Mr. Pieuk and to my knowledge, none of the plaintiffs have received payment either.
5. Attached and marked as Exhibit "C" is a copy of a letter from Mr. Trachtenberg to Mr. Bruun dated June 1, 2010 which I am informed by Mr. Trachtenberg and do verily believe was sent ot Mr. Bruun at that time.
Sworn and signed by Donald Roulette
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