Wednesday, August 15, 2007

Who are you to point your finger at Canadian taxpayers - sometimes pictures are worth thousands of words!


Tansi/Good Day Folks:
Happened to be checking online the Manitoba Court of Queen's Bench File Registry today and couldn't believe my eyes. The Plaintiffs (Metis National Council Secretariat/Metis National Council/Clem Chartier) have filed notice they intend to appeal Justice John Menzies written decision last summer in which he dismissed their action against The Honourable W. Yvon Dumont. They were assessed court costs - Anders Bruun and Jeff Niederhoffer's legal fees for defending Mr. Dumont plus Murray Norman Trachtenberg's (minimum $250/hour) who acted for the Plaintiffs. Amount? Unfortunately, we have no way of knowing. Educated guess - ballpark $100,000 worth of taxpayer money. For what? Where's the Canadian Taxpayers' Federation when we need it?







One can't help but wonder if this is in any way related to the MMF's recent announcement it was retaining legal counsel to challenge Clem Chartier's replacement as MNC President recently by British Columbia's Bruce Dumont.
For $5 anyone who is not a Party in this case can visit The Provincial Law Courts Building (408 York Avenue) to view the file and photocopy (25 cents/page) any or all of its contents. Should be some fascinating transcripts/documents which will make for good reading. Shortly we'll have a look and post whatever we find of interest.
Recall Anders Bruun in a Winnipeg Free Press article shortly after the decision saying, "..... this case is virtually unappealable ....."
Are there any attorneys who could help us with two questions:
(1) What is the deadline for filing an appeal in this type of case?
(2) Is it true at appeal no new evidence can be entered into the record unless it can be shown it is relevant but for whatever valid reason(s) was not disclosed during trial? In other words, at the appellate level legal technicalities are argued?
If you're a solicitor licensed to practice in Manitoba, please contact CyberSmokeBlog - you can remain anonymous we have no way of knowing your identity unless, of course, you reveal it!
Assuming the MMF loses, as it probably will, it will be libel for ALL legal fees. Estimated cost to Canadian taxpayers - another $50,000-$60,000. It always comes down to, FOR WHAT?
If any of you are near the Provincial Law Courts Building, stop in at the Queen's Bench File Registry counter and ask to see File Number CI 05-01-42919. Photocopy any interesting material you see, e-mail it and we'll post the documents - it's public information. Please stay tuned, this is going to get a lot more interesting!
Sincerely,
Clare L. Pieuk
Distribution List:







Telephone: (204) 697-7257



Adrienne Batra
Cellular: (204) 227-5561

1 Comments:

Anonymous Anonymous said...

Commencement of and time for appeal

Court of Queen's Bench Rules:

62.01(2) An appeal shall be commenced by filing and serving a notice of appeal (Form 62A) on all parties whose interests may be affected by the appeal, within 14 days after the signing of the order or certificate appealed from.

2:18 PM  

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