Court File Number: FC-148-11
IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK
TRIAL DIVISION
JUDICIAL DISTRICT OF FREDERICTON
BETWEEN: ANDRE MURRAY
Plaintiff,
-and-
ROYAL BANK OF CANADA & 501376 N.B. Ltd.,
a body corporate,
Defendants,
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The Defendants 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 Defendants 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.
Defendants ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate, owed Plaintiff Andre Murray a duty to Notify the Mechanics Lien holder, that Mortgage was to be auctioned. Defendants ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate failed in that duty and are liable for damages.
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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
Sept 01, 2005, Andre Murray’s, New, Year to Year Residential Lease for Marshall Street, Fredericton, New Brunswick, Canada.
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
Mortgage Auction Power of Sale Pursuant to Property Act July 16.09
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
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
July 18, 2011, Notice of Action FORM 16B, filed by Plaintiff Andre Murray against Defendants ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate. File Number: FC148.11
16C Statement of Claim (where action was commenced by Notice of Action)
August 15, 2011, Statement of Claim FORM 16C filed by Plaintiff Andre Murray against Defendants ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate. File Number: FC148.11
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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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Pleadings
16B Notice of Action
July 18, 2011, Notice of Action FORM 16B, filed by Plaintiff Andre Murray against Defendants ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate. File Number: FC148.11
16C Statement of Claim (where action was commenced by Notice of Action)
August 15, 2011, Statement of Claim FORM 16C filed by Plaintiff Andre Murray against Defendants ROYAL BANK OF CANADA, 501376 N.B. Ltd. a body corporate. File Number: FC148.11
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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, D_____, filed by:
Motion/Affidavit documents
Motion
Affidavits in support
Affidavit Response to Motion
Record on Motion
Brief / Submission
Miscellaneous filed Documents:
Decision/Order
Post October 20, 2009, decision documentation
Leave to Appeal
Unsatisfied with this without Notice ex parte Order of J_____ 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
(2) Motion 1, Dated ____, filed by _____:
Motion/Affidavit Preparation documents
Motion
Affidavits in support
Affidavit Response to Motion
J
Affidavit Response to Motion
J
Record on Motion
Brief / Submission
Submission
Brief
Miscellaneous other documentation related to this Motion
Decision/Orders
Leave to Appeal
Unsatisfied with this Draconian Court order of _______Applicant Andre Murray filed a Motion for Leave to Appeal (for 62A) to the Court of Appeal of New Brunswick:
