dec 27.12 affidavit supporting motion for leave to appeal

7/30/2019 Dec 27.12 Affidavit supporting Motion for Leave to Appeal

1/36


2/36

2

consulting the Applicant the Court unilaterally assigned a new scheduled

hearing date for the hearing of the subject matters as December 17, 2012.

3. December 13, 2012, the Applicant notified the Court of theApplicants unfortunate debilitating computer hard drive malfunction, for the

Courts information, the hard drive in a computer is the place where all the data

is stored. When a hard drive malfunctions, data cannot be retrieved without

removing the hard drive from a computer and sending it to an expert computer

service person.

4. The Applicant responsibly notified the Court of the possibility and orthe appropriateness in this subject situation that an adjournment may be in the

best interest of providing the time necessary for the Applicant to Manually

reassemble his entire meritorious substantive materials 9ntended for submission

on the hearing of the subject matter for the December 17, 2012 scheduled

Hearing.

5. December 14, 2012, The Applicant in light of the computer harddrive malfunction (thereby loss of all data) consequentially the Applicant filed

a Motion for leave of the Court requiring an abridgment of time, that all

materials necessary in respect of the Applicant Charter Challenge Application

and response material to the Respondents two Motions as well as the final 3

documents provided to Client Services December 17, 2012, could be served

that they may be considered by the Court on December 17, 2012.

6. The Applicant is reliably advised that the previously scheduled hearingof an Application regarding Charter Challenge issues for July 13, 2012, was

apparently adjourned because July 3, 2012, (an empty shelf company) 501376


3/36

3

N.B. Ltd., a body corporate., owned by Mecca Corporation of 211 Doak Road,

Fredericton had filed a Motion including supporting Affidavits which are

superfluous and voluminous, moreover, July 6, 2012 Royal Bank of Canada

filed their Motion again supported by superfluous voluminous Affidavit; all ov

this was occurring with the support of the Court to evidently change the

scheduled hearing dates to accommodate the Respondents Motions time

limitation restrictions according to the rules of Court would not have been

served on time to collaterally attack the Applicants Charter Hearing originally

scheduled July 13, 2012 . Both Motions were filed in violation of the Rules of

Court. The effect of the Respondents filing, evidently resulted in the

adjournment of the hearing of these subject matters to the adjusted date of

December 17, 2012. Therefore, 501376 N.B. Ltd., a body corporate and Royal

Bank of Canada were directly responsible for that Adjournment which is a

regular tactical maneuver of theirs which they have employed to their

convenience and to the Applicants detriment since year 2009.

7. The Applicant informed the Court that the Applicant would be relyingon written submissions (Rule 37.13 allows for this Pro re nata) rather than

attending the scheduled hearing December 17, 2012, to accommodate, that the

Hearing regarding the Charter Application and two vexatious Motions, could

proceed as scheduled. Please Note had the original scheduled hearing date not

been unilaterally canceled then unilaterally rescheduled by the Court the

Aplicant on that subject original scheduled hearing date would have certainly

never appeared and would certainly be relying on written submissions.

8. Attached hereto as Exhibit A is the December 13, 2102, email lettersent to Craig Carleton, Clerk of the Court Fredericton, Notifying the Clerks

office that I would be late in filing the subject Court document s essentially


4/36

4

because of computer hard drive failure, further advising that all data stored in

the hard drive was not retrievable without a delay.

9. Attached hereto as Exhibit B is the second December 13, 2102 emailletter sent to Craig Carleton, Clerk of the Court Fredericton, Notifying the

Clerks office that I would be late in filing the subject Court documents because

of computer failure.

10. Attached hereto as Exhibit C is the Motion which was filed bymyself, for Leave of the Court and Abridgment of time for service Dated

December 14, 2012.

11. Attached hereto as Exhibit D is the Affidavit Dated December 14,2012 which accompanied the above noted Motion which was filed by myself,

for Leave of the Court and Abridgment of time for service.

12. Attached hereto as Exhibit E is the December 17, 2012, email lettersent to Craig Carleton, Clerk of the Court, Fredericton, Notifying the Clerks

office that I would not be attending the December 17, 2012, Hearing at 9:30

AM, I will instead be relying on my written filed submissions.

13. Attached hereto as Exhibit F is the December 17, 2012, impugnedOrder of the Court, under review.

14. Attached hereto as Exhibit G is the December 18, 2012, DailyGleaner Article commenting on the December 17, 2012, proceedings.

15. Attached hereto as Exhibit H is the December 17, 2012, deliveryNotice Slip by Courrier Service called: SA Deliveries which indicates Clerk of


5/36


6/36


7/36


8/36


9/36


10/36

moreover, since all possible respondents to this matter, are now advised, of this

unfortunate hard drive failure event, my question to you as Clerk of the Court,

what consideration are you prepared to allow, regarding my necessary filing of

all substantive material submissions?

Please be advised I am prepared to work this entire day and this evening to

piece together my notes which I hope will be sufficient to address the matter

of a preliminary Affidavit, brief and record on Motion before end of day

Friday.

In other words will you please be sincere in your reply as to is it your intention

to impede or obstruct my now reasonably desperate attempts to provide

substantive material submissions before the end of the day tomorrow

December 14, 2012.

Furthermore, as time is of the essence, I require an answer from you, as to this

question at your earliest convenience.

I am hereby thanking you in advance for what I hope will be a decent response,in light of my circumstances, I definitely require mercy.

Govern yourself accordingly

Sincerely

without malice, aforethought, ill will, vexation, or frivolity .

_____________________

Andr Murray

Andre Murray

l - Murray v. RBC et. al. F/M/27/12 https://mail.google.com/mail/?ui=2&ik=cf2e19f1fb&view=pt&s

20/12/2012


11/36

103 Huntingdon Circle

Fredericton New Brunswick

E3B 0M1

[email protected]

On Thu, Dec 13, 2012 at 10:36 AM, Carleton, Craig (JAG/JPG) wrote:

Mr. Murray,

Further to the attached email, any such request must be made at the hearing and if you have medical

evidence of your condition, you should provide the original of same to the Court.

Craig J. Carleton, Q.C.

Clerk-Court Administrator/Greffier-administrateur

Judicial District of Fredericton/Circonscription judiciaire de Fredericton

P.O. Box / C.P. 6000

E3B 5H1

Phone/Tlphone: (506) 453-8288

Fax/Tlcopieur: (506) 444-5675

Email/Courrier lectronique: [email protected]


20/12/2012


12/36

--

Sincerely

without malice, aforethought, ill will, vexation, or frivolity .


20/12/2012


13/36


14/36

2

HON. ROBERT DOUGLAS

NICHOLSON

Minister of Justice and AttorneyGeneral of Canada

284 Wellington StreetOttawa, Ontario, K1A 0H8

Telephone: (613) 957-4222

Fax : (613) 954-0811Email: [email protected]

George H. LeBlanc

Cox and PalmerSolicitor for

ROYAL BANK OF CANADA644 Main Street, Suite 500,Moncton, New Brunswick

E1C 1E2

Telephone: 506 856 9800Fax 506 856 8150

Hugh J. Cameron

Solicitor for the Respondent501376 N.B. Ltd., a body corporate,

Suite 600, Frederick Square, 77

Westmorland StreetP.O. Box 730, Fredericton, NB,

Canada, E3B 5B4

Telephone: 506.443.0120Fax: 506.444.8974


15/36

3

Applicant (Andre Murray) will

apply to the Court of QueensBench of New Brunswick, Trial

Division at the Justice Building,

427 Queen Street, Fredericton, NB,

on the _____ day of ________ 2012at _____ a.m. or p.m. for an order

that:

Le demandeur (ou selon le cas)

demandera la Cour . . . . . . . . . . .. . (lieu prcis) . . . . . . . . . . ., le . . .

. . .20. . . . ., . . . . . h . . . . .,

dordonner (indiquer lordonnance

demande, les motifs discuter etles renvois aux dispositions

lglislatives ou rgles qui seront

invoques);

1. pursuant to Rule 1.03, 2.01, 2.02, 2.04 and 3.02 of the Rules of Court theCourt, this court grants leave to accept theses documents and to abridge time

required for Court Filing and Document Service upon the Respondents, of the

Applicants following documents:

a) Pre Hearing Brief Filed for consideration at the Hearing of a Notice ofApplication, scheduled to be heard December 17, 2012 regarding Constitutionalissues and Charter Challenge, subject Notice of Application Form 16D, DatedMay 31, 2012;

b) RECORD ON MOTION to be used at the Hearing of a Notice ofApplication, scheduled to be heard December 17, 2012, regarding

Constitutional issues and Charter Challenge, subject Notice of Application

Form 16D, Dated May 31, 2012;

c) Applicants Brief, to be used in response to Motion, Dated July 3, 2012,filed by 501376 N.B. Ltd., a body corporate, to be heard December 17, 2012;

d) Responding Affidavit of Andre Murray, Dated December 14, 2012, to beused in response to Motion, Dated July 3, 2012 filed by 501376 N.B. Ltd., a

body corporate, to be heard December 17, 2012;

e) Applicants Brief, to be used in response to Motion Dated July 5, 2012,filed by ROYAL BANK OF CANADA, to be heard December 17, 2012;

f) Responding Affidavit of Andre Murray, Dated December 14, 2012, to beused in response to Motion Dated July 5, 2012, filed by ROYAL BANK OF

CANADA, to be heard December 17, 2012;

g) This subject Notice of Motion FORM 37A, for an abridgement of time andsupporting Affidavit.

2. the Respondent in this matter pay costs of the within Motion;3. such further and other relief that this Honorable Court may appear just;


16/36

4

The grounds to be argued / les motifs discuter

4. This Motion for an abridgement of time is necessitated, in light of ApplicantAndre Murrays unfortunate circumstances, regarding computer hard drivefailure, and consequential loss of entire data intended to be filed, for the

upcoming hearing of Applicant Andre Murrays Charter Challenge Application,

and material to be filed for two other scheduled Motions, one Motion filed byROYAL BANK OF CANADA and a second Motion filed by 501376 N.B. Ltd,

a body corporate.

5. Applicant Andre Murrays situation was further exacerbated by ApplicantAndre Murrays deteriorating health, due to the persistent and worsening

medical condition of anxiety and clinical depression as professionallydiagnosed furthermore which is being treated by doctor prescription andtherapy .

6. The court may at any time dispense with compliance with any rule, unlessthe rule expressly or impliedly provides otherwise.

7. A procedural error, including failure to comply with these rules or with theprocedure prescribed by an Act for the conduct of a proceeding, shall be treatedas an irregularity and shall not render the proceeding a nullity, and all necessary

amendments shall be permitted or other relief granted at any stage in the

proceeding, upon proper terms, to secure the just determination of the mattersin dispute between the parties. In particular, the court shall not set aside any

proceeding because it ought to have been commenced by an originating process

other than the one employed.

8. Applicant respectfully asserts that that under these circumstances, thebalance of convenience favors the granting of the relief sought,

Upon the hearing of the motion the

following affidavits or otherdocumentary evidence will be

presented:

1. Affidavit of Andre MurrayDated December 14, 2012.

A laudition de la motion, les

affidavits ou les autres preuveslittrales suivantes seront

prsentes: (numrer les preuves

littrales qui seront utilises lors de

laudition de la requte).


17/36


18/36


19/36

2

4. Compounding the issues is my disabling medical predicament anddeteriorating health.

5. I Andr Murray have been experiencing ill health for some time. I havebeen experiencing anxiety and depression. My symptoms include feelings suchas: anxious, empty, hopeless, worried, helpless, worthless, guilty, irritable,

restless and a constant sense of foreboding doom.

6. I have lost interest in activities that once were pleasurable;7. I have experience loss of appetite, and I am losing weight.8. I have problems concentrating, remembering details, or making decisions.9. I am having difficulty communicating with others.10.I have been experiencing Insomnia and alternatively excessive sleeping,fatigue, loss of energy, aches, pains and digestive problems that are resistant totreatment.

11.I Andr Murray July 17, 2012, because of health and other concerns, did asGrantor, appoint a Power of Attorney to oversee my legal affairs, if I becometoo ill to continue.

12.I Andr Murray have been seeing my doctor and been referred to expertmedical doctors for some time, regarding my deteriorating mental health issues.

13.I Andr Murray August 2, 2012 did attend the Gibson Health Clinic, 231Canada Street Fredericton New Brunswick to see Doctor Erin Tingley. A copy

of the Visit confirmation Letter signed by Doctor Erin Tingley is attached

hereto as exhibit A

14.I Andr Murray August 2, 2012 was prescribed, Celexa, by Doctor ErinTingley, to treat my condition as diagnosed as depression and anxiety. A copy

of the prescription is attached hereto as Exhibit B.

15.Celexa (citalopram) [SSRI] is most often used to treat depression; however,it is also used for a variety of heath issues, including Social Anxiety Disorder. Itis part of the group of medications known as selective serotonin reuptake

inhibitors (SSRIs), which are generally psychiatrists first choice prescription


20/36

3

drugs for Social Anxiety Disorder. SSRIs function in the body by regulating

mood fluctuations by affecting serotonin levels in the brain.

16.Celexa may cause the following side effects : Constipation; decreasedsexual desire or ability; diarrhea; dizziness; drowsiness; dry mouth; increasedsweating; loss of appetite; nausea; stuffy nose; tiredness; weakness; yawning;

bizarre behavior; chest pain; confusion; decreased concentration; decreased

coordination; fainting; fast, slow, or irregular heartbeat; hallucinations; memoryloss; new or worsening agitation, panic attacks, aggressiveness, impulsiveness,

irritability, hostility, exaggerated feeling of well-being, restlessness, or inability

to sit still; seizures; severe or persistent anxiety or trouble sleeping; severe or

persistent headache or dizziness; shortness of breath; stomach pain; suicidalthoughts or attempts; tremor; unusual or severe mental or mood changes;

unusual weakness; vision changes; worsening of depression.

17.I Andr Murray August 30, 2012, did attend the Gibson Health Clinic, 231Canada Street Fredericton New Brunswick to see Doctor Lauren Wiley. A copy

of the Visit confirmation Letter signed by Doctor Lauren Wiley is attachedhereto as exhibit C

18.I Andr Murray August 2, 2012 was prescribed, Celexa, by Doctor ErinTingley, to treat my condition as diagnosed as depression and anxiety. A copyof the prescription is attached hereto as Exhibit D.

19.I Andr Murray September 27, 2012 did attend the Gibson Health Clinic,231 Canada Street Fredericton New Brunswick to see Doctor Lauren Wiley. A

copy of the Visit confirmation Letter signed by Doctor Lauren Wiley is

attached hereto as exhibit E

20.I Andr Murray September 27, 2012 was prescribed, Zoloft, by Doctor ErinTingley, to treat my condition as diagnosed as depression and anxiety. A copy

of the prescription is attached hereto as Exhibit F.

21.ZOLOFT (sertraline hydrochloride) is a selective serotonin reuptakeinhibitor (SSRI) for oral administration. It has a molecular weight of 342.7.Sertraline hydrochloride has the following chemical name: (1 S-cis)-4-(3,4-

dichlorophenyl)-l,2,3,4-tetrahydro-N-methyl-l-naphthalenamine hydrochloride.

Zoloft is used for treating depression and post-traumatic stress disorder (PTSD).It is also used to treat panic disorder, obsessive-compulsive disorder (OCD),

premenstrual dysphoric disorder (PMDD), and social anxiety disorder. Possible


21/36


22/36


23/36


24/36


25/36


26/36


27/36


28/36


29/36


30/36

Justice Building, Room 203

427 Queen Street,

Fredericton, New Brunswick

E3B 1B7 Canada

Court Clerk Craig Carleton;

Re: FM/27/12 - ANDRE MURRAY v. Royal Bank of Canada et al

NOTICE

Please on my behalf, kindly advise, the presiding Judge, who, therefore, is assigned to this matter, the fact of the

matter is I will not be able to attend, as doctors orders require that I avoid stressful environments and or

experiences. I will instead of making a personal appearance, on this matter, be relying upon the written substantivematerial submissions as I have caused, to date, to Court filed.

Thanking you kindly in advance for your consideration.

Govern yourself accordingly.

Sincerely without malice, ill will vexation or frivolity

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANDRE MURRAY

Name of Applicant: ANDRE MURRAY

Address for service within New Brunswick:

Andre Murray

103 Huntingdon Circle

Fredericton New Brunswick

E3B 0M1

[email protected]

l - 9:30 AM, December 17, 2012 Hearing - FM/27/12 - Question o... https://mail.google.com/mail/?ui=2&ik=cf2e19f1fb&view=pt&s

20/12/2012


31/36


32/36


33/36


34/36

The order would also apply to anyone acting on Murray's behalf.

Clendening said she was reluctant to proceed with the motion to have Murray declined a

vexatious litigant without him being present because it's a serious matter.

Murray, a frequent presence at the Justice Building in downtown Fredericton, has filed severalcivil actions and applications with the court in recent years, none of which has proven successful.

He's also been unsuccessful in numerous appeals filed with the New Brunswick Court of Appeal,

and the Supreme Court of Canada has declined to hear his matters as well.

If granted, the application would severely limit Murray's access to the civil justice system.

George LeBlanc, counsel for RBC, had one concern about the potential order. He said RBC has

been unable to get Murray to pick up belongings that were left in the house upon his eviction.

'We've had them packed up and stored,' he said.

'They've been in storage since June or July at the bank's expense.' LeBlanc said the bank has sent

letters urging Murray to claim the items but has had trouble locating him recently to serve him

with another notice .

Clendening said she thought Le-Blanc would have trouble serving such a notice, noting officials

aren't sure where Murray is living now. She also questioned whether the bank had a duty to pay

to store Murray's things.

LeBlanc said the decision was made to do so out of 'an overabundance of caution. He's quite

litigious.' The lawyers present for the Monday hearing said they were fine with the order the

judge suggested, and she said she'd have it prepared.

'I expect that puts an end to the matters until June 17, 2013,' Clendening said.

Murray's frequent filing of court actions and the tactics he's used have been criticized by several

judges, including a judge of the province's highest court.

In a decision on motion he wrote in June, Court of Appeal Justice Joseph Robertson said Murray

and a handful of self-represented litigants like him are clogging up various levels of court and

taxing administrative resources.

Robertson also criticized Murray's habit requesting judges who rule against him to recuse

themselves from his cases and then filing judicial complaints against them when they decline to

do so. The appeals judge said it amounted to 'judge shopping' and ought not be tolerated.

The order issued Monday in Murray's case mirrored another order in a similar one made by the

same judge.


35/36

Clendening issued a six-month stay in the fall in a lawsuit brought against almost 100 defendants

filed by Evelyn Rebecca Greene, alleging a massive conspiracy against her in the healthcare

sector, government and police to silence her criticisms of health-care and ambulance workers.

Greene had requested an adjournment of the case for health reasons, and Clendening stayed it

until March.

She said if Greene wanted to continue with the case, she'd have to bring proof from a physician

indicating she was well enough to proceed.

Powered by TECNAVIA Copyright 2012 Fredericton Daily Gleaner 12/18/2012


36/36

dec 27.12 affidavit supporting motion for leave to appeal

Documents