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Court of Appeal File Number:  164-12-CA

(Court File Number:  FM/27/12)

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN:                            

ANDRE MURRAY

                                                         INTENDED APPELLANT (Applicant)

-and-

  ROYAL BANK OF CANADA,

  501376 N.B. Ltd., a body corporate,

  THE HONOURABLE MARIE- CLAUDE BLAIS 
  THE HONOURABLE ROBERT DOUGLAS NICHOLSON

                                                                                               

                                       

                                                       INTENDED RESPONDENT (Respondents,)

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This Appeal is proceeding under New Brunswick Rules of Court,

Rule 62, Civil Appeals to the Court of Appeal

In this file one will see completed copied of the following forms of Court:

62A Notice of Motion for Leave to Appeal

Affidavit

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  Copy of impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening, which is subject of this Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

December 18, 2012, Fredericton Daily Gleaner Article, by Don MacPherson regarding, above December 17, 2012 impugned Prohibition Court Order, by Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Back ground:

1.                       Andre Murray is the INTENDED APPELLANT in this matter.

2.                       The Applicant  Andre Murray on May 31, 2012, did cause to be Court Filed with Court Client Services for Court of Queen’s Bench, Fredericton, Trial Division, a Charter Challenge Application and supporting Affidavit, at which time the document was Court filed Date Stamped, as May 31, 2012, subsequently thereafter scheduled for a Court hearing of subject matters to be July 13, 2012, which the Court, without an explanation, and or adequate justification, did cancel within a few days of the scheduled hearing date; however again without 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, Applicant Andre Murray notified the Court of the Applicant’s 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.                       Applicant Andre Murray responsibly notified the Court of the possibility and or the 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, Applicant  Andre Murray in light of the computer ‘hard drive’ 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.                       Applicant  Andre Murray is reliably advised that the previously scheduled hearing of an Application regarding Charter Challenge issues for July 13, 2012, was apparently adjourned because July 3, 2012, (an empty shelf company) 501376 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 Respondent’s Motions time limitation restrictions according to the rules of Court would not have  been served on time to collaterally attack the Applicant’s 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.                       Applicant Andre Murray informed the Court that the Applicant would be relying on 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 Applicant on that subject original scheduled hearing date would have certainly never appeared and would certainly be relying on written submissions.

Conclusion 

The Court rendered a decision December 17, 2012, (Copy of impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening,) the Intended Appellant believes that impugned Orders of Madame Justice Clendening are capricious, draconian, unjust, oppressive, biased, overbreadth, not based in law, not based in substantiated fact, display an abuse of discretion and if left to stand, will bring New Brunswick administration of Justice into disrepute, which is subject of this Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

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Notice of Motion For Leave to Appeal filed in Court of Appeal of New Brunswick

Court of Appeal of N.B. File Number 164-12-CA Andre Murray V. The Royal Bank of Canada, et al


Intended Appellant: Self Represented

Intended Respondents/Solicitors: 

Solicitor George H. LeBlanc for ROYAL BANK OF CANADA: gleblanc@coxandpalmer.com;

Solicitor Hugh J. Cameron for 501376 N.B. Ltd., a body corporate:hcameron@stewartmckelvey.com;

 Solicitor Denis Theriault for THE HONOURABLE MARIE- CLAUDE BLAIS: Denis.Theriault@gnb.ca; 

Solicitor Melissa Grant for THE HONOURABLE ROBERT DOUGLAS NICHOLSON: Melissa.Grant@justice.gc.ca, Ministerial Correspondence Unit, mcu@justice.gc.ca

(1) Motion Dated December 17, 2012:

            INTENDED APPELLANT's Motion/Affidavit  documents

Motion- Notice of Motion For Leave to Appeal to New Brunswick Court of New Brunswick
December 27, 2012, Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Affidavits in support
December 27, 2012, Affidavit supporting Motion for Leave to Appeal. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

Record on Motion
January 22, 2013, RECORD ON MOTION for a Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.
          

Filed Briefs

INTENDED APPELLANT's
January 23, 2013, Intended Appellants Brief for Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

INTENDED RESPONDENT's
Brief from Solicitor George H. LeBlanc, representing Royal Bank of Canada responding to December 27, 2012, Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Brief from Solicitor Hugh J. Cameron, representing 501376 N.B. Ltd, a body corporate. responding to December 27, 2012, Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.
 

January 18, 2013, letter from Solicitor for Attorney General Canada, Notifying that the Attorney General will not participating in the Hearing of a December 27, 2012, Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

 January 21, 2013, letter from Solicitor representing Attorney General for New Brunswick Notifying that the Attorney General will not participating in the Hearing of a December 27, 2012, Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Correspondence and Miscellaneous other documents relevant to this file:

December 27, 2012,  Motion for Leave to Appeal. No File number at that time of Service. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

December 27, 2012, Affidavit supporting Motion for Leave to Appeal. No File number at that time of Service. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

December 28, 2012, Court of Appeal Filing Cover Letter regarding filing of December 27, 2012, Motion for Leave to Appeal and supporting  Affidavit. No File number at that time. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 3, 2013, Letter to Registrar Natalie LeBlanc from Andre Murray Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.
 
January 4, 2013, Letter from Registrar Natalie LeBlanc to andre Murray regarding Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.


January 14, 2013, Cover Letter to Respondents: ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, THE HONOURABLE MARIE- CLAUDE BLAIS, THE HONOURABLE ROBERT DOUGLAS NICHOLSON. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 15, 2013, letter from Andre Murray to Registrar Natalie LeBlanc regarding procedural clarification of matters related to a Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 15, 2013, confirmation of receipt letter to Andre Murray from Registrar Natalie LeBlanc regarding procedural clarification of matters related to a Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 16, 2013, (4:50PM) Letter from Hugh J. Cameron to Registrar Natalie LeBlanc regarding Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 23, 2013, Cover Letter to Registrar regarding December 27, 2012, scheduled Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 23, 2013, Cover Letter to Respondents, Regarding Leave to Appeal Documents for a scheduled December 27, 2012, Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 23, 2013, Letter from Cheryl Astle of the Registrar's Office, regarding Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 24, 2013, Letter from Cheryl Astle for the Registrar's Office regarding rescheduling of a Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 25, 2013, Letter from Cheryl Astle of the (Natalie LeBlanc) Registrar's Office  regarding now rescheduled January 29, 2013 Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.


January 25, 2013, Letter from Andre Murray to Cheryl Astle of the Registrar's Office regarding Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 29, 2013, first Letter to Registrar Natalie LeBlanc regarding January 29, 2013 Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

January 29, 2013, Letter to Registrar Natalie LeBlanc regarding January 29, 2013 Hearing of a Motion for Leave to Appeal from impugned Prohibition Court Order, Dated December 17, 2012, Madame Justice Judy Clendening. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Decisions/Court Orders

January 29, 2013, Decision on Motion for Leave to Appeal, Judge Robertson. Leave Denied. No reasons. Regarding Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK. Court File No.: 164/12/CA

Direct link to decision on the gnb.ca New Brunswick Court Website:
http://www.gnb.ca/cour/03COA1/Motiions/2013/January/20130131MurrayvRoyalBankofCanada.pdf