Tuesday 22 January 2013

Content



Court file Number: FC/104/09


IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK

TRIAL DIVISION

JUDICIAL DISTRICT OF FREDERICTON

BETWEEN:

ANDRE MURRAY

                                        Plaintiff,

                    -and-



BETTY ROSE DANIELSKI

                                       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
27L Demand for Particulars
27M Statement of Particulars
37A Notice of Motion
42A Certificate of Pending Litigation
18A Acknowledgement of Receipt Card
18BAffidavit of Service
Affidavit


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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. 


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

 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.



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Pleadings 

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


Statement of Claim



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Motions – in the Order they are filed 




MOTIONS

Motions – in the Order they are filed 

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

Motion



Affidavits in support



Affidavit Response to Motion



Record on Motion
 


   TAB
Book 1

  1. Copy of a Affidavit of Service by George Mallai Dated November 9th, 2009

  1. Copy of a Claim for Lien Dated April 16, 2009

  1. Copy of a Certificate of Pending Litigation Dated April 21, 2009

  1. Copy of a Notice of Action (Form 16 B) Dated April 21, 2009.

  1. Copy of a Statement of Claim (Form 16 C) Dated May 20, 2009.

  1. Copy of a Amended Statement of Claim (Form 16 C) Dated Aug 21, 2009.

  1. Copy of Affidavit of Service by Andre Murray Dated April 20, 2010.

  1. Copy of a Notice of Motion Dated April 20, 2010.

  1. Copy of Affidavit of Andre Murray Dated April 20, 2010.

  1.  - Exhibit “A” - Copy of the Certificate of Pending Litigation

  1.  - Exhibit “B”- Copy of a e-mail from George LeBlanc of Cox and Palmer regarding entrance to the subject Property sent October  26, 2009

  1.  - Exhibit “C”- Copy of a Power of Attorney dated November 14, 2002

  1. Copy of Affidavit of Service by Andre Murray Dated May 31st, 2010.

  1. Copy of Amended Notice of Motion Dated May 31st, 2010.

  1. Copy of Affidavit 2 of Andre Murray Dated May 31st, 2010.

  1. Exhibit “D”- Copy of a 6 page Service New Brunswick Print of Parcel Information / Property Information report, dated Aug 8, 2009

  1.  - Exhibit “E”- Copy of a Deed Dated October 24, 2000

  1.  - Exhibit “F”- Copy of a letter from George Mallia, of CANADIAN PROCESS                         SERVING INC. Toronto Office, Dated November 8, 2009


TAB

  1. - Exhibit “G”- Copy of the invoice, dated November 23, 2009 from CANADIAN PROCESS SERVING INC.

  1. -  Exhibit “H”- Copy of a UPS Services Waybill Tracking number E838 688 798 9 Dated October 20, 2009

  1.  - Exhibit “I” - Copy of a UPS Services Proof of Service Digital Signature Tracking number E838 688 798 9 Dated October 20, 2009

  1.  - Exhibit “J”- Copy of a UPS Services Waybill Tracking number E838 688 792 5 Dated October 20, 2009

  1.  - Exhibit “K”- Copy of a UPS Services Proof of Service Digital Signature Tracking Number E838 688 792 5 Dated October 20, 2009

  1.  - Exhibit “L” - Copy of a UPS Delivery Service Invoice, regarding two successfully delivered packages Dated October 31, 2009

  1.  - Exhibit “M” - Copy of the envelope containing a letter from Betty Danielski to Andre Murray Dated April 1, 2009

  1.  - Exhibit “N” - Copy of a letter from Betty Danielski to Andre Murray Dated April 1, 2009

  1. - Exhibit “O” - Copy of Lease for 29 Marshall Street 31 Marshall Street property,  Dated September 1 2005 

  1.  - Exhibit “P” - Copy of REVOCATION OF POWER OF ATTORNEY Dated May 29th, 2008

  1. - Exhibit “Q” - Copy of the Order from the Court of Queens Bench Trial Division, Moncton, Dated October 20th, 2009

  1. Copy of the Affidavit of service of the Plaintiff Andre Murray’s letter to the Defendant requesting Documents pursuant to the Mechanics' Lien Act, R.S.N.B. 1973, c. M-6, section 32(1), Dated May 31, 2010.

  1. Copy of Andre Murray’s letter to the Defendant requesting Documents pursuant to the Mechanics' Lien Act, R.S.N.B. 1973, c. M-6, section 32(1), Dated May 31, 2010.

  1. Copy of The Plaintiff Andre Murray’s Affidavit of service of the Plaintiff Andre Murray’s letter to the Defendant requesting Consent to a Continuance Dated May 31, 2010.

  1. Copy of Plaintiff Andre Murray’s letter to the Defendant requesting Consent to a Continuance Dated May 31, 2010.



Brief / Submission



Miscellaneous filed Documents: 


Decision/Order
June 10, 2010, Court Decision of Madame Justice Paulette Garnet, Motion dismissed, without Costs.



Leave to Appeal 1

Unsatisfied with a June 10, 2010, Court Decision of Madame Justice Paulette Garnet, Plaintiff Andre Murray filed a Motion for Leave to Appeal (for 62A) to the Court of Appeal of New Brunswick, The Court of Appeal of New Brunswick, File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI.



(2) 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

(4) 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



(5) 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


(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 2

Unsatisfied with this June 24, 2012, Court order of Madame Justice Judy Clendening of Madame Justice Judy Clendening, Decision to dismiss Motion for a Continuance of a Mechanics Lien Claim,  Applicant Andre Murray filed a Motion for Leave to Appeal (for 62A) to the Court of Appeal of New Brunswick: The Court of Appeal of New Brunswick File Number: 105/11/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI.

coanbfn10511caandremurrayvdanielski.blogspot.ca