T.Merchant's billion$ class action vs CWB

[winwin]

Tony Merchant,Regina lawyer was on CBC radio discussing his huge and succesful actions against the residential schools and others.He listed other court actions he is currently initiating including chocolate mfg. price collusion.

He then mentioned that he is currently doing something against THE CWB!

He described class actions as sort of a lawsuit in reverse;first he proves guilt and damages and then the masses who have been damaged pile in for their share.He takes a cut.

Given the fact that our ABUSE has been huge,this could devastate the CWB church-despite all their good intentions.

Does anybody know what the action is about and what stage it is in?

[SASKFARMER3]

They have No money who would pay, Its us, Yes damages are Huge but That's one Liberal who also will not Kill the CWB. Now Maybe a Lawsuit against the Federal Liberal Government of 1940 who Took farmers Mineral Rights Away on Land in Saskatchewan and gave it to the Crown. HM wouldn't that be nice.
Boy what Abuse.

[bgmb]

Are you sure he is talking about damages to farmers!!!!

If it is along the same lines as the chocolate industry then consumers were the ones hurt.

not saying this is actually true just wondering if he actually said what side, producers or consumers he was on...

[winwin]

I only have a third hand knowledge of the case but my understanding is that it has to do with the behavior of the cwb in terms of who pays for its functions.We are only supposed to pay for the commercial side.

The federal govt not captive farmers were by the Act supposed to pay for the REGULATORY side of the expenses.That would include everything from licensing to all the cost of prosecuting and jailing farmers to the propaganda costs (Deanna for ex)

Added up-and compounded- over 65 years this would be alot of money.Ottawa,not farmers would have to pay.One more reason for them to kill the misbehaving beast.

[cottonpicken]

Tony just made a fortune in another case with the indians.

The tax payers and not the church wound up paying billions for the actions of some sodimizing priests.

Tony isnt a dummy so he wouldnt open his mouth if he didnt think there was a real shot.I think it would be the tax payers of canada who would end up paying.And if "cheap food policy" is real then,why not.

Nice way to circumvent wto rules.

[bucket]

Tony's a liberal , Roddy's a liberal.

I don't know what to make of this. I am confused. If Tony's for real on this one - he should show up in Weyburn on March 6.

That ought to get Roddy out looking for a new rock or cause to hide behind.

[parsley]

Tony likes farmers. Surprised?


Tony likes justice. Not one other lawyer would touch a case involving an abused First Nations. NOT ONE.

It wasn't about money, for Tony. That particular class action took years and years of dedication, and heart wrenching interviews, and not all exactly under the best of conditions.

Tony doesn't have to work one more day in his life.

But he does not ignore injustice. And cannot close his eyes to it.

And he is not scared to roll up his sleeves and attack any sacred cow.


Especially if the cow is quite mad.


I appreciate Tony Merchant because he is not afraid to make hard choices. He is not a sheep. And even the political party or religion he has chosen will not be immune to his scrutiny.


Parsley

[parsley]

The case is basically this:

The CWB takes money out of the regional pooling accounts to pay for national Licensing costs.

It's a little like making only Westerner farmers pay for national gun registry costs, and Easterngun owners pay nothing.

Part III pool money pays for Part IV national licening.


What's wrong with that?

This....
Parliament states that the Federal Government must pay national licenisng costs.

Think about it.

What Parliament in their right mind would make just Mennonites in Manitoba pay for Elections Canada expenses?

National costs are to be paid by Governments, not the local Lion's Club.


The Board are scared of Merchant. And Merchant is paying for the suit himself because farmers cannot afford to.

When Tony is done, he will deduct his expenses, and put the rest into the pooling accounts.

Ask this of the CWB:
Why do you use our pooling account money, to fight to maintian farmers continuing to pay national licensing costs, when the CWB Act itself, requires licensing costs to be paid by the Federal Government?

Shouldn't the CWB be eager to send the Government the bill?


rotten,,state....Denmark...smelly....

Parsley

[SASKFARMER3]

Parsley "Tony likes justice" Ha.
HE likes money
10% on Billion Hey not a bad days work.
30% to liberals.
Rest taxes and pocket.
Life is fine.

[NISAcase]

As someone who has actually dealt with Merchant with one of the largest class actions in Canada (www.nisaclaim.net) you had better be prepared to micro manage to the most of your ability and as with us be prepared to have the paper trail to possibly add the lawyers to your claim for time wasted and other possible wrong doing to recover compound interest as has already been suggested to the Federal Court. Now for the real scoop on the residential school claims and the questions the liberal media won't ask and due to the fact the teachers are mostly deceased and the churches (unlike Nfld.) are off the hook leaving the taxpayers to pick-up the tab (sounds like the Harris case billion dollar income tax exemption on billions of trust funds. The Liberal government agreed to pay out billions of dollars on statute barred (out of time claims) other than proven sexual abuse and contracted out to the churches and unproven claims (google the Supreme Court decision in Blackwater v. Plint @ Canlii). Why are the Liberal supporting lawyers (sons want to run for the Liberals per Lewans) being paid as part of the Liberal agreement millions of dollars? Why is the Liberal supporting claimants being paid billions of dollars? How did the highest court in B.C. certify as a class based on the statute barred attendance only claims? The questions the liberal media (selling documentaries) has never asked or had answered. Ask a judge how you can certify a class of out of time claims and post the answer to this questions.!!!! See Statistics Canada to see how when the Liberals were in power from the years 1996 to 2001 the massive decline in farms,(29,625) rural population,(282,758)and farmers (124,275) compared to when the Conservatives introduced the Farm Income Protection Act in 1991 to 1996.(3,495),(5,805)and(14,490) respectively.

[parsley]

Of course he likes money. Who doesn't? I do.

That does not mean that he doesn't take cases that are near and dear to his heart, though.

Even lawyers have ah, inclinations... soft spots.....interests. Caring.

We have a lawyer in our immediate family.

Parsley

[parsley]

Here's the reality:

Tony Merchant uses his own money to sue the CWB to stop spending money from farmers pooling accounts.


His own money.


The CWB spends money from farmers' pooling accounts to stop Merchant, so that farmers are forced to continue paying.

Farmer money.


In a real world, the CWB should be paying Merchant to sue, to download costs on the Feds, so farmers had more money in their accounts.

So in my books, I appreciate that there are still guys in the world like Tony Merchant.

It's over three years since he began, he has gone back to court again and again because the CB have unlimited funds to spend ...and they have pulled every trick in the book to delay...delay...delay...going back to court, flying all over,

hell...

Why not? it's your money.


Does Tony well understand the issue?:

The unfairness to Western farmers by an out of control arrogant government institution.


Maybe he's heard about it.

Parsley

PS Does every farmer reading this post enjoy paying national licensing costs?

You snooze, you lose.

[parsley]

SASKFARMER3

If $200M were put back into the pooling accounts, would you approve, or would you want to just donate it to the Feds? (Or would you notice?)

And should Merchant be paid for his efforts, or would you instead prefer to send him on a one week allpaid holiday with Butch Harder and Ms. Allan.

Whaddayathink, with emphasis on the last 5 letters.

Parsley

[NISAcase]

parsley, consider something below ground like carrot or turnip. Its time you farmers actually started attending your hearings affecting your livelihoods to see the dog and pony shows that go on or as I like to call them, Gomer Pile performances by QC lawyers (some acting award I presume). Then when they lose, (surprise, surprise) advise you to not appeal. This kind of precedence is becoming too common. The Federal court judges are willing to state the lawyers actions to the new faces. Also, the Federal Court judge has also conducted telephone hearings that the lawyers can only be present. Cannot advise the lawyer or know what is going on at the hearing if you are not there. New lawyer and appeal successful while the Honourable Judge Pelletier J. A.. glares at the Crowns Attorney the whole hearing. Another appeal and this time lost because the lawyers ommitted filing the required case law with the court and a copy to the Crowns Attorney. On and on the lawyers go. Now as reported the theft of the Crown’s office in Winnipeg, 7 computers and 2 blackberries. Also, never sign an affidavit prepared by a lawyer without reading and investigating every paragraph for future problems. What ever happened to the wrongful prosecution cases against the Attorney General representing the Ministers as reported on the Farmers for Justice web-site?? Altered transcripts??

[parsley]

NISAcase,

I have certainly experienced your kind of frustration.

The first time I really sat up and paid attention is when the Court chained and shackled Andy McMeachan.

It happened.In Canada.

And all because he sold his own fusarium grain that the CWB were telling farmers to burn.

I never forgave the CWB for that, it really was their disguised action even though they did not want to take responsibility for it, and never will (to both thoughts).

I have said this before, that farmers are good people,... they work hard, they raise good kids, and they do not deserve that kind of treatment, that disrespect, that dishonor.

it is predicted that the CWB will eventually be torn apart at the seams because of what they have done...they will not even concede they have done wrong, and consequently, the CWB building and staff memorabalia will be lined up on the Wall of Dishonor alongside the residential schools clippings/photos,... empty and despised.

They've earned their place in history.


There is a real perception out in the Designated Area that LIberal courts are/were stacked with Liberal judges with the ONLY qualification being a loyal yearly Liberal Party donor.

Consequently, some people accuse, because of the perception out there, that the incumnmbant jugges are not only political, but many of them are inept, and frequently stupid, and even stories of the occasionally senile justice sweeps coffee row.

I agree, so much for justice, if that is the case.

Any lawyer other than a Liberal one, will get eaten alive, so the saying goes,and sometimes they even eat one of their own, is the perception.

Is a Liberal lawyer is perhaps more effective than a cardcarrying Western Separatist lawyer.

And a lawyer who likes farmers is perhaps a rarity?

I know Merchant is a loyal Liberal. But he also beats his own drum, is fearless, regardless of the presiding judge, or the political ramifications.

Sometimes, you find the odd guy who tries to do the right thing. Not all the time. But once in awhile.

Maybe that's what hope boils down to.

Parsley