September 29th, 2009
A second open letter to all Wellington County Councillors and Senior Staff, further to my previous open letter dated April 23rd 2009 (see below) still here after all this time!
If you still think this didn’t really impact you – read on…again.
Hi Webbers, and in addition, our glorious Wellington County Councillors and Senior Staff! Just another day in paradise folk’s, with earth shattering impacts – let me explain!
County Councillors and Senior Staff, further to my open letter to you all (see below), and where applicable, sent to your email addresses. Just to record receipt, I wish now to further enlighten all of you just how recent events in Court have compounded your personal financial burdens, from levels indicated in my April 23rd 2009 letter. You will all know, by this issuance time, that your retained lawyer, Mr. Wayland, has sought the requirement of a (1) day Hearing in Motions Court in Guelph at which he will respond to the C.C.L.A. (Canadian Civil Liberties Association)’s long standing intended Intervention Motion. One can assume, from the time requirements requested by Mr. Wayland, i.e. (1) day, that he intends to challenge the applicability of Section (2) of the Civil Rights and Freedoms Charter in this issue, as recognized by the C.C.L.A., represented by Mr. Ryder Gilliland of the firm Blake, Cassels & Graydon, a highly respected Toronto law firm.
Congratulations Councillors and Senior Staff of Wellington County on your decision to instruct McCarthy Tétrault to proceed down this unplanned road to my Libel Suit resolution. You do realize that, as was predicted by Smelly-Welly.com, and shared with you all in the April 23rd 2009 letter, issued to all of you, to extend the Motions Hearing in this way automatically drives up your costs. I say your costs, basing my statement on the fact that by association, all costs related to this issue involving the C.C.L.A. will be borne by each Councillor individually. The Taxpayers are not involved, other than the 100% support for Mr. Gilliland and the C.C.L.A., which is technically correct!
Congratulations again Councillors, by association you have now made yourselves an integral part of a challenge process, made by McCarthy Tétrault on your behalf, (with your direct instructions we assume, as part of the protocol. You know, “in camera sections” etc., etc., etc.) Your normal “modus operandi” that we all know you follow, consistently! And to the letter. No more “flying by the seat of your pants” now guys – welcome to the professional world!
Your costs will increase (x 4) bringing you up to an estimate of $13,300 x 4, which equals, last time I calculated, $53,200 each (not including taxes). Are you aware of this? Now Councillors, now that you are being advised of the reality of the situation, you can confirm my financial estimates by just asking Donna Van Wyck or Scott Wilson for copies of the (11) documents which they have recently identified as having all of the McCarthy Tétault invoice records to date, those paid and those pending! Add to that, the Court situation of Civil Court in “stay mode” until, at least, the 15th of December 2009, i.e. the C.C.L.A.’s (1) day Hearing, and all the work incurred by McCarthy Tétrault in the interim at $850 per hour per lawyer. Remember, you’ve retained the firm, and the firm works on total billable hours – wow, have you yet worked out your potential cost burden? We anticipate a win for the C.C.L.A. and a no loss (financially) for McCarthy Tétrault, that they don’t give a damn about your claim; just pay the billable hours outstanding! Are you guy’s stupid? Consult the public transcripts of 6th February 2009, and more recently May 6th 2009, in which the sitting Judge, the Honourable Cas Herold, puts on the record his interpretation of your case as presented by your “not so doing well” lawyer, Mr. Christopher Wayland, that self proclaimed “Toronto lawyer” (whatever the hell that means). You may wish to read the transcripts, equivalent of “County of Wellington (et al), This is your life!!” Good timing, would you agree? Considering the open issues on the agenda! At this time of writing we have not determined the Hearing date, for the now scheduled (3) day Peace Bond Hearing. This will be established at 8:30 am on Friday 25th September in Criminal Court. Amazing, when I had no lawyer, McCarthy Tétrault told the Court they would need only (3) hours of Court time, now they have asked for a whole (3) days, approx. 18 hours ($850.00 per hour, minimum equals $15,300, and that’s only (1) lawyer), so you see, our expectation is that they will bring the usual tag-team, maybe Tanner and Wayland or, say it ain’t so, the “phantom Doug Thompson,” who may just grace the Court with his appearance. Wow! Impressive, and all for a Peace Bond!
Councillors, do you think, just maybe, the Taxpayers will just roll over again and swallow this nonsense? Get real guys!!
There are rumblings afoot you know, rumors that your highly paid lawyers may be reconsidering their Motion of Claim, maybe I’m not Charlie Manson, Jack the Ripper or Idi Amin, maybe they’ve made a very costly to you (not the Taxpayers – read the transcripts) huge misrepresentation of my character, but have, for mercenary reasons, replaced the original claims against me with a plea to the Court that I am a “psychological predator” who has preyed on poor Mr. Whitcombe and Wilson and caused them irreparable mental damage causing them to be impacted in all forms of performance in their daily functions. They portray me as a mindbender! Mindbender indeed, all I’ve done is exposed even them to the Truth! Classic “shoot the messenger!” Can you believe this? And you, all Councillors, have been conned into endorsing this, by listening to that monument of ethics, that “big man” Councillor Chris White, who characteristically will exclaim “Oh what a f’n mess, what did I do?” He, and you, will soon find out! Welcome to your Waterloo, a Wellington reversal (historically of course). F’n mess for sure, Chris. See you all in Court.
Yours truly,
Bill Manderson

April 23rd, 2009
Hi again Webbers;
I’d like to format this report, by the way of: An open letter to all Wellington County Councillors and Senior Staff.  Seems only fair to do so, and as you know, Smelly-Welly.com have signed on for fairness and honesty in reporting!
Dear County Councillors and Senior Staff;
As you are aware, we, Smelly-Welly.com (Bill Manderson) and the (2) County Plaintiffs, Whitcombe and Wilson, are embroiled in (2) Court actions, one Civil and one Criminal. I personally, (Bill Manderson), am named as the sole Defendant in both matters/
In the Civil case, before his Honour, Justice Cas Herold, has been heard before a Motion’s Hearing Court, requested by the Plaintiffs (allegedly Wilson and Whitcombe) through the County Council appointed lawyer, Mr. C. Wayland, and did seek an injunction against me for, as detailed, many alleged “Defamatory statements” made by me against their “alleged good names!”
To shorten the preamble, it is the current status that Justice Herold found for the Plaintiffs (Wilson and Whitcombe) and judged the implementation of a Temporary injunction with applied conditions, pending my planned success in retaining a lawyer. I am a poor man financially and cannot, it seems, enjoy the financial source from the County Taxpayers, currently enjoyed by the Plaintiffs. A temporary condition either way! If you get my drift!
The Official Transcripts of the Motion Hearing are available to the Public, even County Councillors, at a cost, by contacting Superior Court Guelph and quoting the Court File #CV-09-0031. That will take you there! I would RECOMMEND THAT you County Councillors and Senior Staff invest in a copy of this document, all nice and professionally bound, to enable you to progressively understand your personal position in this matter, and how it will effect each of you on an individual basis to determine your individual ownership of elements to come. The referred document, I assure you, should be aquired as soon as possible to prepare you for the anticipated “fallout” of “critical mass” which will impact each of you individually! (In my opinion) Of course you would be wise to consult a lawyer, this time at your own expense, no need to burden the Taxpayer more than is responsibility necessary! (We expect to address that issue for sure!) I would point you all to the transcripted comments by Justice Herold for a sense of degree of serious considerations your actions have placed on the Judge’s shoulders. “Who is suing me, Your Honour? I have the right to know!!” We all have a right to know! Considering it is being presented by the County, via their very high costed lawyers that we, the County Taxpayers, are paying for this whole, shameless, super costed matter! Go figure! Can this be true?
Well, not so, says Smelly-Welly.com in response! We will not permit this and, in our respectful opinion, we would like to share our interpretation why we will be successful in our presented argument, before the Court. You may think I’m crazy to divulge my strategy, but consider this, I am not the one in the bind! Why? Well now, as you know, the Canadian Civil Liberties Association has filed a Motion to the Court for permission to intervene in the case. I would not expect Justice Herold to deny this Motion, as on page #20 in the Proceedings on Motion, the good Judge, in my analyses of the recorded dialog, actually suggested I approach the C.C.L.A. (Canadian Civil Liberties Association) and Mr. Alan Borovoy, General Counsel  - the C.C.L.A.’s top legal operative!
Now Councillors, Staff and Webbers, it is very important that you all understand the significance and clinical conditions which control the limited space in which the C.C.L.A. has to work, and the C.C.L.A. retained Counsel Mr. Ryder Gilliland of the firm Blake, Cassels and Graydon L.L.P. of Toronto, “a well respected” law firm, in legal circles, who should know better than most, peer recognition being as valued as it should be!
Mr. Gilliland is well versed and successfully experienced, per track record on file, with Civil Rights issues and their importance in our Constitution, designed to protect every man, woman and child in Canada. A heavy responsibility indeed, we are blessed and fortunate to live in this great Country, Canada – “you betcha!!”
The relationship between the C.C.L.A. and Bill Manderson is only their recognition of a citizen whose Civil Rights and Liberties are being violated, in their opinion, by the Corporation of the County of Wellington (et al). Nothing more, nothing less. I have never corresponded, written or orally with Mr. Gilliland and would consider it an interference on my part to do so, thereby violating the process of the C.C.L.A.’s intervention. This is Mr. Gilliland’s Motion, on behalf of the C.C.L.A., and by association, every Canadian! It is very important that all recipients of this posting understand. To do so will enlighten you to Smelly-Welly.com’s parallel process, at arm’s length, and not any part of Mr. Gilliland’s involvement in his submitted Motion to present.
Supported by our, we believe, confidence in Mr. Gilliland’s successful intervention, the final results could be either a dismissal of the case, or, at minimum, a serious curtailment of its scope, as indicated on grounds for Motion Item G. (attached). We believe wholeheartedly! However, anticipating the possibility of this outcome, we will not surprise you with the absence of a Plan “B”, (engineers always have a Plan “B”!! Bet on it!) Ours, and we will share it with you all – even our advesaries, is as follows:

1. Smelly-Welly.com recognizes and having said so in Court, that the decision to proceed to Court, at least today, on the “Defamation Case” was a product of an “in camera” vote taken on a Motion to proceed with a legal claim against myself, Bill Manderson, for defamation – did that include the Peace Bond matter before Criminal Court? We can only assume so, in the absence of that issue being clarified in Criminal Court! And it will be, on 26th MAY 2009!
2. During the Motions Hearing before Judge Cas Herold, I requested the Court to consider the fact that, at that time, there was confusion abroad in the Courtroom and per the transcripted exchanges the Plaintiffs (alleged) counsel Mr. Wayland, claimed on page #62, lines #1 through #7 that the source of his instructions is “privileged” quote/unquote. He was reminded by the Judge that I can “canvass” the answer at Discovery, assuming it gets that far, what with the C.C.L.A. intervention. That is why I will now, via this report, give Notice of my Intent to file a cross claim against the Corporation of the County of Wellington citing, amongst other Civil Infractions, violations of my Civil Rights and the Rights of the people I represent, per their Power of Attorney, given to me, and on record in the Court. We shall be seeking damages of $6,000,000.00. Our documentation has been prepared, awaiting the identification of our representating attorney, as yet, not retained! We shall formally file with the Court as appropriate!

Now Councillors, Staff et al, you may ASK, “how does this effect me personally?” Well, let us look at one scenario:

1. Let us acknowledge Council, not the so-called Plaintiffs, forced the action to proceed, via the “in camera” Motion, raised and seconded by members of Council.
2. A democratic vote followed, recorded or not, is not relevant, it was voted to proceed with the terms written and recorded on the Motion, for issuance of legal notice, served upon me, on behalf of all of you!
3. You must all understand that, in the anticipated result o the C.C.L.A. being successful with their Motion to intervene, the total cost of the Proceedings, inclusive of the great legal preparation costs of lawyers and documentation, estimated to be in excess of $150,000 all things considered, will be paid for, not by Wellington County Taxpayers, not by the (2) reluctant Plaintiffs (they never wanted or planned this going to trial) but by the democratically driven vote, taken by Council as a whole, thereby accepting collective ownership, in a technical sense! This means all costs incurred by the County, plus my costs, will be borne by Wellington County Councillors, individually financially accountable, for their share, equally dividing the total cost by (15). A professional estimate of $200,000 total cost should be divided by (15) which equals $13,333.00 each (estimated).

Please understand Councillors (et al) that if you are one of the 5,000 people who have hit our website every month consistently, you should be knowledgeable of the myriad of radar screen matters up there, being addressed by various institutions and corporations, not to mention the local press coverage for detail, of course I don’t include the Wellington Advertiser in that comment, the real press is particulary attentive to all things County Council! About time says Smelly-Welly.com!!
Well, I think that’s enough good news for now. There is plenty more to come as I advance to our (2) Court dates in these related matters. Keeping webbing Webbers, you are a great source of encouragement to this old soldier, getting tired of “being nice!” God bless and we’ll be back onsite in a week!
Bill Manderson

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