26-Apr-11 Form 1 (Rule 3-1(1))

Vancouver Court File No. VLC-S-S-112673 Registry

In the Supreme Court of

Between Daniel Veniez

Plaintiff

And John Weston, Paul Veltmeyer, John Doe & Jane Doe

Defendants

NOTICE OF CIVIL CLAIM

This action has been started by the Plaintiff for the relief set out in Part 2 below.

If you intend to respond to this action, you or your lawyer must

(a) file a response to civil claim in Form 2 in the above-named registry of this court within the time for response to civil claim described below, and

(b) serve a copy of the filed response to civil claim on the plaintiff.

If you intend to make a counterclaim, you or your lawyer must

(a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the above-named registry of this court within the time for response to civil claim described below, and

(b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff and on any new parties named in the counterclaim.

JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim within the time for response to civil claim described below.

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TIME FOR RESPONSE TO CIVIL CLAIM

A response to civil claim must be filed and served on the plaintiff(s),

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed notice of civil claim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim was served on you, or

(d) if the time for response to civil claim has been set by order of the court, within that time.

CLAIM OF THE PLAINTIFF

Part 1: STATEMENT OF FACTS

1/ The Plaintiff, Daniel Veniez, is a businessman and currently is the candidate of the in the riding of -Sunshine Coast-Sea to Sky Country in the election for the Parliament of Canada scheduled for May 2nd 2011.

2/ The Defendant John Weston is a Barrister and Solicitor licensed to practice in the Province of British Columbia, and is the standing member of Parliament for the riding of West Vancouver-Sunshine Coast-Sea to Sky Country, and is the current candidate of the Conservative Party of Canada in the aforesaid riding for the parliamentary election scheduled for May 2nd 2011

3/ The Defendant Paul Veltmeyer is a member of the Conservative Party of Canada and resides in a Coquitlam British Columbia.

4/ The Defendants, John Doe and Jane Doe, posting to You Tube as “Dale 5775” are persons currently unknown to the Plaintiff. The Defendants John Doe and Jane Doe have made one post to the internet web site “ You Tube” under the assumed name “Dale 5775” which is the You Tube Video referred to in these pleadings.

5/ Throughout the 1990s there were a number of companies associated with "Skeena Cellulose",a Crown Corporation operating in the Northwest region of British Columbia in the forest industry. These included Skeena Cellulose Inc., New Skeena Forest Products Inc., Orenda Forest Products Ltd, Orenda Logging Ltd and 9753 Acquisition Group. (hereinafter referred to as " the Skeena Group") NOTICE OF CIVIL CLAIM Page 2

6/ In 1997 the Skeena Group was placed in receivership and subject to judicial supervision by the Supreme Court of British Columbia under various actions including applications under the Company's Creditors Arrangements Act R.S.C. 1985, c.C-36, Canada Business Corporations Act R.S.C. 1985, c.C-44 and The Company Act R.S.B.C. 1979, c.59 including ,but not limited to, actions in the Supreme Court of British Columbia Vancouver Registry actions A970588 and L033220, action L033220 being under the direct supervision of the then Chief Justice of British Columbia The Honourable Donald Bremner.

7/ As part of the restructuring of the Skeena Group within the Company's Creditors Arrangement Act, a plan for distribution of workers shares was approved by the Supreme Court of British Columbia on April 2nd 1998 in a decision of the Honourable Mr. Justice Thackray.

8/ At that time counsel appeared on the behalf of Her Majesty the Queen in Right of the Province of British Columbia, Pulp and Paper Workers of Canada, Local 4, Non- Union employees of Skeena Cellulose Inc and B.C. Government & Service Employees Union.

9/ This Honourable Court made a decision at that time on the distribution of the shares of the Skeena Group including workers shares.

10/ The Skeena Group continued to be plagued by financial troubles through to and past 2003.

11/ In 2003 the Plaintiff became President of the Skeena Group including New Skeena Forest Products Inc., Orenda Forest Products Ltd. , Orenda Logging Ltd., and 9753 Acquisition Group.

12/ At no time while the Plaintiff was President of the Skeena Group, did the Plaintiff have access to or any control of any pension funds of any of the employees or former employees of the Skeena Group.

13/ On or about April 2011 the Defendants John Doe and Jane Doe produced a video and broadcast a video on the Internet which was posted with the name “ Dale 5775” as the poster. The video on You Tube had a web address of : www.youtube.com/watch?v=gpUgLu-6-Xc. (hereinafter referred to as the "You Tube Video")

14/ The You Tube video contained accusations that the Plaintiff had unjustly enriched himself with funds from the pension funds of employees and former employees of the Skeena Group while he was President of the Skeena Group.

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15/ The accusations that are contained in the You Tube video are patently false, and contrary to the public record and court records.

16/ The accusations as contained in the You Tube Video are defamatory of the Plaintiff in that they accuse the Plaintiff of breach of trust and or unjust enrichment by unlawfully converting assets or funds from the pension funds of the employees Skeena Group to his own benefit to the financial detriment of pensioners of the Skeena Group.

17/ The accusations as contained in the You Tube Video are malicious, false and made unlawfully in a deliberate attempt to damage the general reputation of the Plaintiff while he is a candidate for the Parliament of Canada. The publication of these false and malicious accusations is for the desire of the Defendants John Doe and Jane Doe as “ Dale 5775|” to effect the outcome of the May 2nd election in West Vancouver-Sunshine Coast –Sea to Sky Country by use of anonymous character assassination of the Plaintiff with false accusations against the character and conduct of the Plaintiff with false accusations of unjust enrichment of the Plaintiff with pension funds, which accusations are contrary to the public record as contained in the proceedings before the Supreme Court of British Columbia.

18/ On or about the middle of April 2011 the Defendant Paul Veltmeyer wrote to the Defendant John Weston identifying the Plaintiff as a former employer of the Defendant Paul Veltmeyer.

19/ In the Defendant’s Veltmeyer’s letter to the Defendant John Weston, the Defendant Veltmeyer stated that:

" I understand that while Dan (Veniez) was in charge of the Ridley Island Terminal in Prince Rupert, a podcast is that the conservative government appointed him to, that he was even planning to sell the terminal to a company that he had an interest in."

20/ The statement of the the Defendant Veltmeyer that the Plaintiff was planning on selling the Ridley Island Terminal to a company that he had a interest in was false and defamatory of the Plaintiff and was a malicious effort by the Defendant Veltmeyer to damage the reputation and character of the Plaintiff while he was a candidate for the Parliament of Canada by alleging that the Plaintiff breached his fiduciary duties as a director of a Crown Corporation by attempting to enrich himself at the expense of the Crown.

21/ The Defendant Veltmeyer’s allegations were patently false, unsupported in fact or in law and unreasonable since the public record shown that Ridley Islands Terminals was a Crown Corporation, subject to legal control by the cabinet of the Government of Canada

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22/ In addition the Defendant Veltmeyer instructed in writing that the John Weston Campaign to link to the You Tube Video posted by “Dale 5775” at: www.youtube.com/watch?v=gpUgLu-6-Xc.

23/ On or about 15th April 2011, the Defendant John Weston republished the contents of the YouTube video on his John Weston Nation Facebook page.

24/ In addition the Defendant John Weston wrote on April 15, 2011 on his Facebook page:

"I was not aware of these details of Dan Veniez's actions with Skeena a Corporation that went into bankruptcy and forfeited its unprotected employee pensions but not before he withdrew >$200 K in personal wages himself. If you intend to support him, please watch this video so you stand informed.www.youtube.com/watch?v=gpUgLu-6-Xc

25/ The linking of the You Tube Video and comments of the Defendant John Weston constitute a publication by adoption and republication of the contents of the You Tube Video as posted by the Defendants John Doe and Jane Doe as “Dale 5775” and a endorsement/approval of the contents of the You Tube Video by the Defendant John Weston.

26/ The Defendant John Weston is a Barrister & Solicitor has a higher duty of care as a officer of the Court in dealing with allegations of unlawful conversion or unjust enrichment of pension funds against the Plaintiff which are unsupported in fact and never raised in the Court proceedings over 7 years. By adopting these unsupported allegations for political advantage ,the Defendant John Weston demonstrated a disregard of the process of the Court and Judgment of the Courts in his publication and republication of false allegations which the Defendant Weston knew, or as a Barrister & Solicitor ought to have known , were contrary to the public and court record and were factually and legally impossible allegations..

27/ At an all Candidates meeting held in Sechelt British Columbia and Gibsons British Columbia on the 18th of April 2011, agents of the Defendant John Weston, with the approval of the Defendant John Weston and/or his agents, distributed copies of the letter of Paul Veltmeyer to John Weston which republished the Defendants Veltmeyer’s allegations and links of the You Tube video.

28/ The republication of the YouTube video and the comments made by John Weston and his agents both a published on Facebook on April 15, 2011 and republished

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through the internet on You Tube, were malicious, deliberate attempts to damage the reputation of the Plaintiff as a political opponent by republishing factually and legally false material. The allegations of unjust enrichment and unlawful conversion of pension funds by the Plaintiff being the contrary to the public record as contained in the records of the Supreme Court of British Columbia and factually and legally impossible ,as aforesaid, for the deliberate purpose of damaging the character and reputation of a person standing for Parliament, both to the detriment of the Plaintiff, and for the electoral benefit of the Defendant John Weston, for the purposes of effecting the result of the May 2nd 2011 federal election.

29/ The Defendant John Weston, Paul Veltmeyer, John Doe & Jane Doe as “Dale 5775” published and republished the allegations of unlawful conversion of pension funds and unjust enrichment of the Plaintiff at the expense of beneficiaries of the pension funds in an attempt by the Defendants to damages the character and question the conduct of the Plaintiff to effect the result of a Federal Election by making false allegations.

30/ The actions of the Defendants are outrageous in that they are totally unsupported by facts and law.

31/ The bankruptcy of the Skeena Group was supervised by the Superintendant of Bankruptcy, Ernst & Young and the Supreme Court of British Columbia.

32/ Throughout the lengthy Court proceedings, including, but not limited to those heard by the Chief Justice of British Columbia, there were never any allegations of the Plaintiff unjustly enriching himself from pensioner trust funds.

33/ The allegations as published by John Doe and Jane Doe as “Dale 5775” and republished by the Defendant John Weston and Paul Veltmeyer are contrary to the public record of the Supreme Court of British Columbia, which judgments in regards to the Skeena Group constituted JUDGEMENTS IN REM and any claim contrary to those judgments are contrary to the laws of Canada.

Part 2: RELIEF SOUGHT

1/ General damages

2/ Special damages

3/Exemplary damages

4/ Punitive damages

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4/Costs

5/ Special Costs

Part 3: LEGAL BASIS

1/ The Defendants have defamed the Plaintiff by accusing him through print and videos published and republished on the internet of unjustly enriching himself from pension funds at the expense of former employees of the Skeena Group.

2/ The Defendant Veltmeyer and Weston have falsely alleged that the Plaintiff breached his fiduciary duties as a officer of the Crown Corporation Ridley Island Terminals by attempting to sell a Crown corporation to a company in which he had a interest.

3/ The Defendants Veltmeyer, Weston ,John Doe and Jane Doe have done so without justification in fact or law.

4/ The Defendants have made these allegations knowing that they were false or with reckless disregard or indifference to heir truth as the allegations are unsupported by the public record as contained in the records of the Supreme Court of British Columbia in various proceedings, including proceedings before the Chief Justice of British Columbia, as supervised by the Superintendant of Bankruptcy.

4/ The Defendants have knowingly done so for the specific purpose of affecting the result of a Federal Election held May 2nd 2011 in the riding of West Vancouver-Sunshine Coast- Sea to Sky Country.

5/ The Plaintiff pleads Section 8 of the Libel and Slander Act R.S.B.C. 1996 c. 264 and Section 91 of the Canada Elections Act S.C. 2000 c. 9

Plaintiff’s address for service: Straith Litigation, 6438 Bay Street, West Vancouver, British Columbia V7W 2H9

E-mail address for service: [email protected]

Place of trial: Law Court, Vancouver, British Columbia

The address of the registry is: 800 Smythe Street, Vancouver, British Columbia

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Dated: April 25th 2011 “JAY STRAITH” Jay Straith – Counsel for the Plaintiff Daniel Veniez

Rule 7-1(1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party’s possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.

APPENDIX

Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

r a motor vehicle accident

r personal injury, other than one arising from a motor vehicle accident

r a dispute about real property (real estate)

r a dispute about personal property

r the lending of money

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r the provision of goods or services or other general commercial matters

r an employment relationship

r a dispute about a will or other issues concerning the probate of an estate

x a matter not listed here

Part 3:

Libel and Slander Act R.S.B.C. 1996 c. 264

Canada Elections Act S.C. 2000 c. 9

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