Tuesday 22 January 2013

Content


                                                                                         Court File Number:  MC064209

IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK
TRIAL DIVISION

JUDICIAL DISTRICT OF MONCTON

BETWEEN:                            ROYAL BANK OF CANADA & 501376 N.B. Ltd.,
                                                 a body corporate,
                                                                                                                                                                                                                                
                                                                                                           Plaintiffs,


                                                -and-

                                               ANDRE MURRAY

                                                                                                           Defendant,


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In this file one will see completed copied of the following forms of Court:
16A Notice of Action with Statement of Claim Attached
27A Statement of Defence
27B Reply
27L Demand for Particulars
27M Statement of Particulars
33B Summons to Witness (for an examination)
55A Summons to Witness (for a trial) 
37A Notice of Motion
42A Certificate of Pending Litigation
18A Acknowledgement of Receipt Card
18B Affidavit of Service
Affidavit


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The Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate attempt to achieve vacant possession of a property occupied by a Residential Leasehold Tenant who is protected by law; found within the RESIDENTIAL TENANCIES ACT of New Brunswick. 

The Plaintiffs however conspire to circumvent the Rentalsmen and File in Court of Queens Bench Moncton Trail Division for Orders to evict Andre Murray. The Rentalsmen would never evict a Tenant in good standing, however, for our purposes a Mortgage Vs Property are diametrically opposed ideas as Mortgage is a financial investment instrument, therefore only an intangible concept; where as the house Andre Murray lives in as a Residential leasehold Tenant is a tangible material thing called property. Royal Bank of Canada & Mecca Corporation for our purposes are trading a financial investment instruments which on paper is concerning itself with interest on an loan of money accepted by the mortgagor in trade for a Lien against the equity of which is secured against the Property premises (dirt) and structures standing on the premises. Mortgage does not mean or grant ownership of Property; only thing that is granted is a Claim for Lien against the Property the the form of Mortgagee Deed; which the Property will sustain registered against the Tile for ownership throughout all Transfers of Property Ownership without the Mortgagee ever becoming the owner; as to do so would diametrically oppose the concept of the Mortgage, which is to profit from the interest paid on a loan. 

Furthermore the same reason Banks or Mortgagees do not ever assume ownership as this defeats the purpose of the Loan/ Mortgage. Mr. Justice Zoel R. Dionne who while presiding over subject Hearing of MOTION in which Orders of Eviction of Andre Murray from 29 Marshall Street, Fredericton, N.B. Canada is somehow filed by the R.B.C. & Mecca Corporation claiming property ownership while nevertheless, not in possession of TITLE therefore Mortgage Vs Property Ownership are diametrically opposed ideas as Mortgage is a financial instrument Property is tangible land (FORM16A) Notice of Action and Statement of Claim attached filed Sept. 18, 2009.

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Preliminary matters:

October 31, 2000
October 31, 2005, Marshall Street Deed, Fredericton, New Brunswick, Canada,  registered with Land Titles.

November 14, 2002, Power of Attorney Document provided by Betty Rose Danielski.
 
March 22, 2005

September 1, 2005   
April 1, 2009
April 1, 2009, letter from landlord Betty Danielski to Tenant Andre Murray.


April 16, 2009
April 16, 2009, Claim for Lien #27035311 Mechanics Lien on Marshall Street Property, Fredericton, New Brunswick, Canada,  registered with Land Titles.



April 21, 2009
April 21, 2009, Certificate of Pending Litigation, Regarding Andre Murray’s Lien on Marshall Street Property, Fredericton, New Brunswick, Canada, registered with Land Titles. (FC/104/09)


April 21, 2009, Filing of NOTICE OF ACTION FORM 16B to Enforce Mechanics Lien Claim against property located at Fredericton, New Brunswick, Canada. (FC/104/09)


May 20, 2009
May 20, 2009, Statement of Claim Form 16C Regarding Andre Murray’s Lien on Marshall Street Property, Fredericton, New Brunswick, Canada, registered with Land Titles.(FC/104/09)


 June 5, 2009
June 5, 2009, Notice of Mortgage Sale, though never claimed, alleged to be sent by registered mail to Andre Murray, at Marshall Street, Fredericton, New Brunswick, Canada.


June 5, 2009, Notice of Mortgage Sale, allegedly sent registered mail to Betty Danielski, regarding property on Marshall Street, Fredericton, New Brunswick, Canada.


June 5, 2009, Notice of Mortgage Sale allegedly Advertised in the local paper regarding Marshall Street property, Fredericton, New Brunswick, Canada.

 June 15, 2009
June 15, 2009, Notice of Mortgage Sale, Returned Unclaimed, allegedly sent to Andre Murray of Marshall Street Deed, Fredericton, New Brunswick, Canada.


 July 16, 2009  
 
July 16, 2009, Affidavit of Service, Hugh K. Cameron Senior (father of Solicitor Hugh J.Cameron) allegedly serves notice on Marshall Street House, Fredericton, New Brunswick, Canada.

Hugh J. Cameron leaves for Toronto, Ontario, to see Clients, as stated in his Affidavit paragraph 8.


July 17, 2009
Call to Hugh J. Cameron’s office July 17, 2009, as confirmed/stated in his Affidavit paragraph 9.


Hugh J. Cameron claims a letter left at property, served by Dave Daneliuk as alleged in his Affidavit paragraph 9.


July 20, 2009
Receive e-mail July 20.09 from Hugh J. Cameron as alleged in his Affidavit paragraph 25



July 23, 2009
Hugh J. Cameron’s Cameron retracts lease or sale offer July 23. 09 as confirmed/stated in his Affidavit paragraph 31 and 33 

Hugh J. Cameron’s Cameron tries to get in Marshall Street Property as confirmed/stated in his Affidavit paragraph 28 and 29 

George H. LeBlanc gets involved with Andre Murray in property July 23. 09 as confirmed/stated in Hugh J. Cameron’s Affidavit paragraph 28 and 29

August 21 2009 Amended Statement of Claim Regarding Andre Murray’s Lien on Marshall Street Property, Fredericton, New Brunswick, Canada, registered with Land Titles. (FC/104/09)

George H. LeBlanc makes offer to Andre so that Andre Murray waives all possible claims, future and past against ROYAL BANK OF CANADA & 501376 N.B. Ltd., a body corporate, as see in paragraph 51 of Affidavit of Andre Murray Dated November 16, 2009.

Post September 18, 2009 filing of Action- Documentation 
November 9, 2010 granting of RTIPPA Info Request from Justice Department regarding October 23, 2009 residential tenant eviction incident


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Pleadings 

16A Notice of Action with Statement of Claim Attached
 September 18, 2009, NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A) filed by ROYAL BANK OF CANADA and 501376 N.B. Ltd., a body corporate, to gain vacant possession of Marshall Street Property in Fredericton, New Brunswick, Canada.

27A Statement of Defence
November 23, 2009, Statement of Defence filed by Defendant Andre Murray.

September 27, 2010, Demand for Particulars (FORM 27L) Court File Date Stamped copy requiring the Plaintiffs to respond within ten days according to Rules of Court

October 25, 2010, STATEMENT of PARTICULARS Regarding September 27, 2010, Demand for Particulars; Decide for yourselves are the demands met?

October 26, 2010, Demand for Particulars (FORM 27L) Court File Date Stamped copy requiring the Plaintiffs to respond within ten days according to Rules of Court



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Hearing Dates:

December 14, 2009, Hearing 1- first adjournment of Hearing Motion to Rescind October 20, 2009 Orders of eviction.

 January  18, 2010,  Hearing 2- second adjournment of Hearing Motion to Rescind October 20, 2009 Orders of eviction.
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Motions – in the Order they are filed 




MOTIONS

Motions – in the Order they are filed 

(1) Motion 1, Dated September 17, 2009, filed by: Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate:
Motion/Affidavit documents

Motion
September 17, 2009, NOTICE OF MOTION (FORM 37A). This Notice of Motion 37a was Filed by Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate, to cause the eviction of Defendant Andre Murray, from Marshall Street Deed, Fredericton, New Brunswick, Canada.

October 14, 2009, Amended NOTICE OF MOTION (FORM 37A). This Notice of Motion 37a was Filed by Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate, to cause the eviction of Defendant Andre Murray, from Marshall Street Deed, Fredericton, New Brunswick, Canada.

October 14, 2009, Date stamped copy of first page to Amended NOTICE OF MOTION (FORM 37A) filed October 15, 2009. This Notice of Motion 37a was Filed by Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate, to cause the eviction of Defendant Andre Murray, from Marshall Street Deed, Fredericton, New Brunswick, Canada.


Affidavits in support

September 2, 2009, Affidavit of Betty Rose Danileski, filed in support of September 17, 2009, NOTICE OF MOTION (FORM 37A), filed by Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate,to be used on Motion to evict Andre Murray.

 September 8, 2009, Affidavit of Hugh J. Cameron filed by Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate,to be used on Motion to evict Andre Murray.

  September 9, 2009, Affidavit of Julie Ruggiero filed by Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate,to be used on Motion to evict Andre Murray.



Affidavit Response to Motion

none- because the hearing was without Notice and Ex Partee, meaning only one party was present.

Record on Motion
Do not have a copy - because the hearing was without Notice and Ex Partee, meaning only one party was present.

Brief / Submission
Brief - Filed by George H. LeBlanc Solicitor for Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate,

October 16, 2009, Pre Trial Brief Filed by George H. LeBlanc Solicitor for Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate, to be used on Motion to evict Defendant Andre Murray


Miscellaneous filed Documents: 
October 14, 2009, Affidavit of Service by Dave Daneliuk, who lied about service of a  Notice of Action with supporting Affidavits and Motion to vacate Defendant Andre Murray.


October 14, 2009, Second Affidavit by Dave Daneliuk regarding Service Action and Motion et al. Dave Daneliuk allegedly serves Notice of Action with supporting Affidavits and Motion to vacate Andre Murray, Oct 13.09

October 19, 2009, Cover Letter to Clerk of the Court, Anne Richard, from George H. LeBlanc Solicitor for Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate.

October 19, 2009, Affidavit of Solicitor Hugh J. Cameron, which was rejected by the Court at the October 20, 2009 Hearing of a Motion filed by Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate,to be used on Motion to evict Andre Murray.



Decision/Order
October 20, 2009, Transcript of Ex parte Without Notice Hearing October 20, 2009 Hearing.

October 20, 2009, Court Order. Certified Copy dated October 22, 2009. This certified copy was facsimiled from the Office of Cox & Palmer, to the Sheriffs Office.



Post October 20, 2009, decision documentation

November 10, 2009, Email I had sent to Richard McGuigan, regarding purchasing the Marshall Street Property, Fredericton New Brunswick Canada.


November 10.09 Email I had received in response to an e-mail and telephone call to Richard McGuigan Regarding purchasing the Marshall Street Property




Leave to Appeal

Unsatisfied with this without Notice ex parte Order of Justice Zoel R, Dionne Defendant Andre Murray filed a Motion for Leave to Appeal (for 62A) to the Court of Appeal of New Brunswick. Court of Appeal of N.B. File Number 145-09-CA Andre Murray V. The Royal Bank of Canada, et al.

October 27, 2009, Notice of Motion and Affidavit in support for Leave to Appeal, the Ex Parte without Notice Order Dated October 20, 2009, resulting from a Hearing which resulted in an Order to Vacate specific only to 29 Marshall Street.

Power of Attorney Document provided by George H. LeBlanc at November 9, 2009 Leave to Appeal Hearing.





(2) Motion 1, Dated November 16, 2009, filed by Plaintiff Andre Murray:
Motion/Affidavit Preparation documents

Motion
November 16, 2009, Original Notice of Motion, I had filed regarding Rescinding the impugned October 20, 2009 Orders of the Court.

December 4, 2009, Amended Notice of Motion, (second version) I had filed regarding Rescinding the impugned October 20, 2009 Orders of the Court.

 December 14, 2009 first adjournment of Hearing of Motion to Rescind.

 January 8, 2010, Amended Notice of Motion (third version) to rescind impugned October 20, 2009, Orders.

January  18, 2010, second adjournment of Hearing Motion to Rescind October 20, 2009 Orders of eviction.

March 12, 2010, Amended Notice of Motion (fourth version) I had filed regarding Rescinding the impugned October 20, 2009 Orders of the Court.



Affidavits in support
November 16, 2009, Affidavit of Andre Murray filed in support of Original (first) November 16, 2009, Motion to Rescind the impugned October 20, 2009, Orders by Justice Zoel Dionne, for Andre Murray's eviction from Marshall Street, Fredericton, New Brunswick, Canada.

December  4, 2009, second Affidavit of Andre Murray filed in support of December 4, 2009 Amended Motion, to Rescind the impugned October 20, 2009, Orders by Justice Zoel Dionne, for Andre Murray's eviction from Marshall Street, Fredericton, New Brunswick, Canada. 
  
 December 14, 2009 first adjournment of Hearing of Motion to Rescind.


January 8.2010, Affidavit of Andre Murray supporting Amended Motion (third version) dated January 8, 2010, to rescind impugned October 20, 2009, Orders.

January  18, 2010, second adjournment of Hearing Motion to Rescind October 20, 2009 Orders of eviction.


March 12, 2010, Affidavit of Andre Murray in support of Amended Motion (fourth version), dated March 12, 2010.




Affidavit Response to Motion
January 13,  2010, Affidavit of George H. LeBlanc with Exhibits, filed in response to Defendant Motion to rescind.

Record on Motion

Brief / Submission
Submission
Brief

Miscellaneous other documentation related to  this Motion

January 12, 2010, Letter to Clerk of Court Moncton from Edwin Ehrhardt.

January 12, 2010, Letter to Andre Murray from Edwin Ehrhardt 


Decision/Orders

January  25, 2010, Court Order of $500 in Cost to Andre Murray and Adjournment of Motion granted.


(3) Motion 3, Dated, January 15, 2010, filed by: Edwin Ehrhardt Solicitor representing George H. LeBlanc.

Motion/Affidavit Preparation documents

Motion/Affidavits in support

January 15, 2010, Notice of Motion and supporting Affidavit in support, with Cover Letter from Edwin Ehrhardt Solicitor representing George H. LeBlanc.

Decision/Order
January 25, 2010, Court Order of Justice Zoel R. Dionne, Hearing adjourned and $500 cost awarded in favor of the Defendant.



(4) Motion 4, Dated February 26, 2010, filed by: Solicitor George H. LeBlanc Solicitor Plaintiffs ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate,
Motion/Affidavit Preparation documents



Affidavits in support
February 23, 2010, Affidavit of Andreen Tranchell.

February 25, 2010, Affidavit of Gino Duguay 

February 25, 2010, Affidavit of Betty Rose Danielski.

March 3, 2011, Affidavit of Peter Atkinson an appraiser with A.R.A. Fredericton Appraisals, Fredericton, New Brunswick, Canada. 

March 16, 2010, Affidavit of Dave Daneliuk, Process Server.

March 17, 2010, "Hearsay" Affidavit of Candy LeBlanc, assistant to Solicitor George H. LeBlanc

March 17, 2010, Affidavit of Dave Daneliuk, Process Server.



Affidavit Response to Motion

Record on Motion

Brief / Submission
Submission
Brief

Misc – research notes and further notes



Decisions/Orders



 

(5) Motion 5, Dated…, filed by:
Motion/Affidavit Preparation documents

Motion


Affidavits in support
March 17, 2010, Affidavit of Candy LeBlanc, assistant to Solicitor George H. LeBlanc 

Affidavit Response to Motion

Record on Motion

Brief / Submission
Submission
Brief

Misc – research notes and further notes


Decisions/Orders


(6) Motion 1, Dated…, filed by:
Motion/Affidavit Preparation documents

Motion


Affidavits in support


Affidavit Response to Motion

Record on Motion

Brief / Submission
Submission
Brief

Misc – research notes and further notes









Decisions/Orders






Leave to Appeal

Unsatisfied with this Draconian Court order of Madame Justice Judy Clendening Applicant Andre Murray filed a Motion for Leave to Appeal (for 62A) to the Court of Appeal of New Brunswick: