nov. 25, 2010, george leblanc, mayor of moncton, recruits patricia boudreau of memramcook to provide...

7/31/2019 Nov. 25, 2010, George LeBlanc, Mayor of Moncton, recruits Patricia Boudreau of Memramcook to provide Hearsay

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Court File Number: M/C/0642/09

IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK

TRIAL DIVISION

JUDICIAL DISTRICT OF MONCTON

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

BETWEEN:

Plaintiffs,

- and-

ANDRE MURRAY,

Defendant,

AFFIDAVIT

I, Patricia Boudreau, of Memramcook, in the County of Westmorland and Province of NewBrunswick, MAKEOATH AND SAY AS FOLLOWS:

1) I am employed by the Royal Bank of Canada, and have a personal knowledge of thematters herein deposed to except where otherwise stated.

2) Attached hereto and marked "A" is a copy of the Notice of Action with Statement of

Claim Attached, and of the Statement of Defence marked "B" in this matter .

. 3) Attached hereto and marked "C" is a copy of three Demands for Particulars filed by theDefendant, Andre Murray, together with three Statements of Particulars filed on behalf ofthe Plaintiffs.

4) I am informed by George H. LeBlanc and do verily believe that the document attachedhereto and marked "0" is a copy of a Reply filed with the Clerk of the Court on or aboutNovember zs",2010.

5) As indicated therein, it is the position of Royal Bank of Canada amongst other things,

that its registered Mortgage to the property from Betty Rose Danielski takes priority toany subsequent Lease or other agreement affecting the property, and that upon theexercise of its Power of Sale, any such Lease and/or agreement with respect to the subjectproperty is extinguished.


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6) I am further informed by George H. LeBlanc and do verily believe that a Motion hasbeen filed with the Court seeking an Order that the Defendant, Andre Murray be ordered

to vacate the property on the basis that th e Royal Bank of Canada's Mortgage takespriority to any such Lease andlor agreement claimed by Andre Murray and on the basisthat any Lease of Mr. Murray has been terminated,

7) Attached hereto and marked "E" is a copy of a Notice of Motion, and Affidavit of JulieRuggierio (without exhibits) seeking an Order that the Defendant be required to vacatethe property as a result of the priority of the Royal Bank of Canada's Mortgage.

8) Attached hereto and marked "F" is a copy of a Notice of Motion and Affidavit of JulieRuggiero (without exhibits) seeking an Order that the Defendant, Andre Murray berequired to vacate the subject property as a result of having been served with a Noticeterminating the tenancy.

9) It is the position of the Royal Bank of Canada that the Defendant, Andre Murraycontinues to refuse to vacate the subject property, and is occupying the property withoutpermission or consent.

SWORN TO at the City of Moncton,in the Province of New Brunswick, this

r2:- : :>day of November, 2010.BEFORE ME:

))))

))

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))

Patricia Boudreau


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129Court File Number: Inc c '" L~ L C {1


TRIAL DIVISION

JUDICIAL DISTRICf OF MONCTON

BETWEEN: ROYAL BANK OF CANADA 8c501376N.B. Ltd. t body .:orpor.te,

This is Exh it:!!I/~.I/..~.~.refe"f! to in theaffidavit of ... V~c;< . . tCI . ' . e . . . {~9 . ..lS~.dr..~t{_~-and-sworn before me, this ):5. day of AND . . MVRRA Y,. 1V.o . 0 . .~f.n.bgJ: A.D., 201...Q .................................1 - .. : .A COMMISSIONER OF 0tJlf/B~G A SOLICITOR

NOTICE0' ACflON WITHSTATEMENT OJ' CLAIM A'IT ACHED

(FORM 16A)

TO: Ancin!Murray29 Marshall SireFrede ric ton. NBE3A 418

LEGAL PROCEEDINGS HAVE BEENCOMMENCED AGAINST YOU BY FlUNGTHIS NOTICE OF ACTION WITHSTATEMENT OF CLAlM A1T ACHED.

DeI daat.

AVIS DE POVRSVITEACCOMPAGN& D'tJN EXPOSIE DI

DEMANDIE(FORMULE J6A)

DESTINATAIRE:

PAR LE DEPOT DU PRESENT AVIS QEPOURSUrrE ACCOMPAGNE O'UNEXPOSE DE LA DEMAN DE UNEPOURSUITE JUDICIAIRE A ETEENGAGEE CONTRE YOUS.

'1 i1. iThla Is Exhibit ..... ,~ ..... Jefened to In the

affidavit of.... J : f.1Y ..~ . .J ~D ..~.~~. l : t..sworn b efo re m e, Ih IS J.1..~..d aY 01......~~tg.b~f iA~. 20.. . . < J . .1 ~ J .2 : :: :h J . . : r.1 ; ,6 4 . .r COMMIDoNER Of OAl1-I8BEING~ClTOA


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If you wish to defend these proceedings, eitheryou or a New Brunswick lawyer acting onyour behalf must prepare your Statement ofDefence in the fonn prescribed by the Rules ofCourt and serve it on the plaintiff or the

plaintifi's lawyer at the address shown belowand. WIth proof of such service, file it in milCourt together with the filing fee of $50.00.

(3) if you are served in New Brunswick.WITHIN 20 DAYS after service onyou of this Notice of Action WithStatement of Claim Attach~ or

(b) if you are served elsewhere in Canadaor in the United States of America,WITHIN 40 DAYS after such service,or

(c) if you are served anywhere else.WrnfIN 60 DAYS after such service,

If you fail to do so, you may be deemed tohave admitted any claim made agajmt you,and without further notice to you,JUDGMENT MAYBE GIVEN AGAINSTYOU IN YOUR ABSENCE.

You are advised that:

(a> you are entitled to issue documentsand p resent evidenc e inthe proceedingin English or French OT both;

(b) the plaintiffintcnds to proceed in theEnglish language; and

S d' .. def 1'0vous esirez presenter une erense ~anscette instance. vous-meme ou un avocat duNouveau-Brunswick charge de vousrepresenter devrez rediger un expose de votredefens e en la fo rm e p resc rite p ar Ie! R egJes de

procedure. le signifier au dcmandeur ou a sonavocat l'adresse indiquee ci-dessous et ledeposer au greffe de cette Cour avec un droitde dCp6t de SSO et une preuve de sasignification:

(a) DANS LES 20 JOURS de lasignification qui vous sera faite depresent avisde poursu itc ac :compagned"un expose de 1. demande. si ellevou. Cd faite au Nouveau-Brunswick

au

(b) DANS LES 40 JOURS de lasignification. si elle vOU! escfaite dansune autre region du Canada ou d3Il3les Et&ts-Unis d'Amerique ou

(c) DANS LES 60 JOURS de 1asignification. si elle VOlll est faiteailleun.

Si vous ornata: de le faire, vous pourrez etrerepute avoir admis toute demande fonnuJeccontre vou et, sans autre avis., JUGEMENTPOURRA ETRE RENDU CONTRE VOUSEN VOTRE ABSENCE.

Sachez que:

(a) vous avez Ie droit dans la presenteinstance, d'emettre des documents etde presenter votre preuve en fran-rais,en anglais ou dans les deux langues;

(b) le demandeur a I'intention d'uriliser lalangue ; et


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(c) your Statement of Defence mustindicate the language in which youintend to proceed.

If you pay to the plaintiff or the plaintiffslawyer the amount of the plaintiff's claim.together with rhe sum of 1100.00 for theplaintiffs costs, within me time you arcrequired to serve and file your Statement ofDefence. further proceedings will be stayed oryou may apply to the coun to have the actiondismissed.

TIDS NOTICE is signed and sealed for theCourt of Queen's Sench. Anne M. Ri~

Cledt of the Court at Moncton. on the 'i

U" , 2 009 :ClerkP.O. Box 5001770 Main Street:Moncton, NOE1C 8R3

(c)

13 1l'expose de votre defense doit indiquerla langue que YOUS avez l'intentiondutiliser,

Si, dans Ie delai accorde pour la significationet le depot de I'expose de votre defense, vouspayez au demandeur ou a son avocar lemontant qu'il reelame, plus S100 pour couvrirses frail. it y aura suspension de l'instance ouYOUI pourrez demander a I. caUl' de rejeterJ'action.

CET AVIS est signe et scelle au nom de I.Cour du Bane de I. Reine par- Anne M.

Richard J. greffiire de I. COUl' MondOn. ce__ de 2009.

GreffienC.P.5001770, rue MainMonCIOn , NBEtc 8R3


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132'STATEMENT OF CLA IM

I. The Plaintiff, Royal Bank of Canada. (hereafter RBe) is a chartered bankhaving its head office in Montreai, Quebec, and having a branch office located inFredericton. New Brunswick .

2. 501376 N.B. Ltd. is body corporate with its head office on Doak Road.Fredericton, New Brunswick.

3. The Defendant. Andre Murray, resides at 29 ManhaJl Street. Fredericton.NewBnmswic~ EJA 418.

4. RBC hu legal interest in the property located at 29.31 Marshall Street.Fredericton. New Brunswick (the property) pursuant to a mortgage from Betty RoseDanielsld to the Royal Bank of Canada dated October 26~, 2000 (the mortPlc).

S . The Ptainti~ .501376 N.B. Ltd. hal legal interest in the property in so faras it is the purchaser' of the subject piopcrt)' u set out below.

6. ' The Defendant. Andre Murray occupies and/or resides in the property, andis also a Lien Claimant under a Claim for Lien dated April 16~. 2009. .

7. The Mortgage fell into default. such that the Plaintiff commenced Powerof Sale proceedings under the Mortpp and the Property Act. A MonplC Sale was heldon July 16", 2009. pursuant to which th e property was sold to Hup Cameron, Barrister& .Solicitor. in trust. Mr. Cameron purchucd in trust for the Plaintiff. !i01376 N.B. Ltd.. ,

8. Pursuant to the Bidding Papen and Tenu of SaJ~ th e property wu due toclose wilhin 20 days from the date of the sale, however. the Plaintiffs have been unable tocomplete the sale of the property as a result of the Defendant's refusal and/or neglect tovacate th e plOperty.

9. The Defendant hu been served with. Notice to Vacate the property,however, hu refused to vKatc tbe subject propcny. The Plaintiff says that the Defendanthas wrongfully converted the propcny and is oc:cupyinl the property without pennissionor consent.

10. Accordingly, the Plaintiffs seek damages fo r conversion of property andunjust enrichment, an Order to vacate the property. any damages and/or costs arising


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from the Defendant' .. refusal to vacate the property, costs of the within Action, and suchfurther relief as this Honourable Court may appear just

DATED at Moncton. New Brunswick this I 7 day of September, 2009.

COXA PALMER644 Main Street. Suite 500MondOn. N .B .EIC tel(506) 856-9800

.


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From: 5068542343 Page: 1/5 Date: 23111120092:58:34 PM

COVER PAGEIN ACCORDANCE WIlli RULES OF COURT, RULE 18

SERVICE OF PROCESS, Rulel8.07,Service on Solicitor of Record

18.07(2) Service on Solicitor of Record

(2) A document served by telephone transmissionshall include a cover page indicating

(a) the name, address and telephone number of the sender.Sender name, Andre MurraySender address: 29/31 Marshall Street,Fredericton, New Brunswick, Canada, E3A 4J8Sender telephone number: 1 50S 261 2675

Senders e-mail: [email protected]

(b) the name of the solicitor to be served:George LeBlanc Solicitor of Record for ROYAL BANK. OF CANADAName of solicitor's firm: Cox & Palmer,Address for service: Blue Cross Centre, Suite 502, 644 Rue Main Street,Moncton NB src lE2E-mai} address: [email protected] number: Main 506 856 9800Telephone number: Direct 506 382 4529Fax 506 856 8150Web coxandpalmer.com

. /1 D \\ .This is ExhiRit .... . .J~.....referred to tn~ he

Btndavitof.. r.C;1.:t.CS:~,~g_.J3Q. , ....--swom before me, thJs .A.~ day of

.;::;4t.~c) the date and time of transmission,Date Z ; t , n t o . " ,NcvmbvU01 Time 1 J . 5 5 fT "(d) the total number of pages transmitted. includingthe cover page, .5 f'JLS

(e) the telephone number from which the document istransmitted, \-50(, - 851-2343(f) the name and telephone number of a person tocontact in the event of transmission problems.Name: t3r~ (Al,\o.:.tt.cTelephone Number: '5Q( - 8M -6101-
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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From: 5068542343 Page: 215 Date: 2311112009 2:58:34 PM

Court File Number: MC064209

IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK

TRIAL DIVISION

JUDITICAL DISTRICT OF MONCTON

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

Plaintiffs,

-and-ANDRE MURRAY

Defendant,

STATEMENT OF DEFENCE(FORM 27A)

1.The defendant admits the allegations contained Inparagraphs .of the Statement of Claim.

2. The defendant denies the allegations contained in paragraphs 5,7,8,9, and 10 of the Statementof Claim.

3. The defendant has no knowledge of the facts alleged in paragraphs 1,2,8,9, and 1O.oftheStatement of Claim.

4. The defendant says that:

J. Nov 14, 2002, Landlord and Title Holder of subject property Betty RoseDanielski did appoint Richard Boileau of 31 Marshall Street, Fredericton, N. B.Canada to be her attorney for property as Continuing Power of Attorney forProperty.

2. Defendant Andre Murray on the date September 1. 2005 according to TheResidential Tenancies Act of New Brunswick did become a leaseholder for thecivic addresses: 29 Marshall Street and civic address 31 Marshall Street, both ofthe City Fredericton, N.B. Canada .by placing his signature on a FORM 6 -STANDARD FORM OF LEASE (The Residential Tenancies Act, Acts of NewBrunswick, 1975. c.R-l 0.2,5.9) in the presence of Richard Boileau and


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F rom : 5068542343 Page: 3/5 Date: 23111/2009 2:58:35 PM

furthermore as did sign Richard Boileau upon same form as Continuing Power OfAttorney for Property as appointed by Betty Rose Danielski the Landlord of thesubj eet property.

3. Defendant Andre Murray on or about September, 2005 did sign subject leaseagreement furthermore, the subject lease is a year to year lease commencingSeptember 1, 2005.

4. Defendant Andre Murray did request of the landlord to include within the termsof the lease for the civic addresses 29 Marshall Street & 31 Marshall Street of theCity of Fredericton N.B. that pre-payment of rent be permitted

5. Defendant Andre Murray confirms that the request of the rental pre-paymentterms be included in the lease where granted and included in writing within theterms for lease of the subject premises.

6. Defendant Andre Murray September 5, 2005 did make a prepayment of $7700, tobe used as pre-payment of rent for the lease of the duplex civic addresses 29Marshall Street & 31 Marshall Street within the City of Fredericton N.B.

7. The Defendant Andre Murray did continue to make direct rent payments by wayof deposits into the bank Account of Betty Rose Danielski at the Royal Bank ofCanada in excess of the required rental payments for the entire lease time periodsof Sept 1, 2005 sufficient to end of fifth year of the year to year lease ending Sept1,2010. The total amount of$38, 230.10 was deposited as payments for the leaseof the duplex civic addresses of29 Marshall Street & 31 Marshall Street in theCity of Fredericton N.Bl into Landlord Betty Danielski's Royal Bank of Canadaaccount number 5014220 transit numbers 1214.

8. The Defendant Andre Murray, leaseholder of civic addresses 29 Marshall Street& 31 Marshall Street in the City of Fredericton N.B. claims and does believe asfact that he did faithfully cause $38, 230.10 in total to be deposited into LandlordBetty Danielski's Royal Bank of Canada account number 5014220 transitnumbers 1214 furthermore a monthly rental payment totaling $700 between thetwo separate addresses as $350 each unit realizes a credit 0[$4,630.10 remainingat the end of the last year to year lease term of Sept. 1 S \ 2010.

9. The Defendant Andre Murray did contract with Richard Boileau the ContinuingPower of Attorney For Property and acting agent on behalf of the Landlord Betty

Rose Danielski. furthermore to provide work and materials furnished to saidproperty between the time period on or about June, 2005 till April, 2009

10. The Defendant Andre Murray did cause to be Registered a Lien against thesubject property dated April 16, 2009.


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From: 5068542343 Page: 4/5 Date: 23/1112009 2:58:35 PM

11. The Defendant Andre Murray Registered Form 2 CLAIM FOR LIEN April 16,2009 and was assigned number 27035311 with the York County Registry office,

New Brunswick as Exhibit "C" referred to in the affidavit of Julie Ruggiero.

12. Defendant Andre Murray was not Notified or served with a prior Notice of the July16, 2009 Royal bank of Canada's Mortgage Sale Interest in the subject property, as isevidenced by the absence of a signature on the Acknowledgement of Receipt Card( Form 18a) in Exhibit "F" attached to the affidavit of Julie Ruggiero.

13. The Defendant Andre Murray as a Leaseholder for civic addresses 29 MarshallStreet and 31 Marshall Street immediately declared himself as a Leaseholder ofsubject properties on first contact with solicitor for the Plaintiff Royal Bank ofCanada George LeBlanc.

14. the affidavit of Julie Ruggiero sworn to 9 th day of Sept. 2009 states in #14" I amfurther advised by George H. Leblanc and do verily believe that mr murray claimsto have a lease to the subject property "

15. The Defendant Andre Murray as a Leaseholder for civic addresses 29 Marshall 'Street and 31 Marshall Street immediately declared himself as a Leaseholder ofsubject properties on first contact with Hugh Cameron solicitor for the Plaintiffand acting Agent for the successful purchase of the subject properties' MortgageInterests previously held and offered for sale at auction by the Royal Bank ofCanada.

16. The Defendant Andre Murray according to his understanding of Section 13(7). (8)and (9) of the Residential Tenancies Act, is of the beIiefthat lease agreementstravel with the property referenced to in the lease agreement contract, which Isigned FORM 6 STANDARD FORM OF LEASE. Where a landlord transfers hisestate in the real property of which the demised premises form all or a portion theperson who receives property being transferred assumes all of the obligations withrespect to the tenancy.

17. The Defendant Andre Murray relies on the protection of the ResidentialTenancies Act, of New Brunswick section 24(1) states a notice of termination of atenancy is to be served (a) if the premises are let from year to year, by theIandlord o r th e te nan tat least three months before the expiration of any such yearto be effective on the last day of that year.

18. Defendant Andre Murray claims to have not been served a notice of terminationof a tenancy under the Residential Tenancies Act, section 24( 1).

J 9. The Defendant was not served a notice of termination of a tenancy in writing bythe landlord Betty Rose Danielski according to the Residential Tenancies Act.section 24(1.1), which states a notice of termination under this Act shall be inwriting


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:--,....._.. - . .-_ .~ . . . . F rom : + 1 (4 16 )S9Soa.n Page: 1/ 3 Date: 9/27120103:41:49 PM...,...,.., "" '" . . . ,.......- r-'

COVER PAGE

IN ACCORDANCE WITH RULES OF COURT,RULE 18

SERVICE OF PROCESS .Rule18.07,

Service on Solicitor of Record

18.07(2) Service on Solicitor of Reconl 'f ("I ,\This is E xh i b& . ... . '; - ;. -. . . ..refeR~ to htheaffidavit Of r.a .1: l : .Lf! i .~ .~}; . '_c~gsworn before me, this 6. day of. . t . ! . (?v. .~ .m.b .~ . r :.A.D.,2o.LQ... . . . . . . . . . . . . . . . . . . . . . .1 1 . A COMMISSIONEUA.U:IS BEING A SOLICITOR


(a) the name. address and telephone number of tile sender,

Sender name, Andre MurreySender a dd ress : 31 Marshall Street,Fredericton, New Brunswick. Canada., E3A 4J8Sender telephone number: 1 505 472 - 0205Senders e-mail: [email protected]

(b) the name of the solicitor to be SCJVed:

George LeBJanc Solicitor of Record forROYAL BAJ'..,i"xOF CANADA & 501376 N.B. Ltd., a body corporateName of solicitor's finn: Cox & Palmer,Address for service: Blue Cross Centre, 644 Rue Main Street, Suite 502,Moncton Nls,ElC lE2E-mail address:[email protected] number: Main 506 856 9800Telephone nwnber: Direct506 382 4529Fax5068568150

(c) the date and time ofnansmission,Date__ September 27, 201 O__ Time 3.:40 PM. _

(d) the total number of pages. transmitted. includingthe cover page. 3 pages. _

(e) the telephone number from which the document istransmitted, 506- 472 - 0205 _

(t) the name and tcl~phonc numbCTof a PI:TSOO tocontact in the event of transmission problems.

Name: __ Andre Murray _ Telephone: 506 - 412 - 0205
mailto:[email protected]:address:[email protected]:address:[email protected]:[email protected]


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- - - - - " . . . . From:+1 (416)595a. n Page:213 Date: 9/27/201Q~;,_41; ~ Q .~f\!~~


IN THE COURT OF QUEENS BENCH OF 1 '-."EWBRUNSV lICKTRIAL DIV1SION

JlTDITICALDISTRlCT OF MONCTON

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

Plaintiffs,

- and-

ANDRE MURRAY

Defendant,

DEMAND FOR PARTICULARS(FORM27L)

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

The Defendant, ANDRE MURRA y~ demands particulars of th efollowing allegationscontained in your NOTICE OF ACTION WITH STATEMENT OF CLAIMAIT ACHED (FORM 16A), Dated at Moncton, New Brunswick, September 17, 2009.

1. With respect to paragraph 4 of the Plaintiff's Statement of Claim, kindly confirmby providing documentation that pursuant to a Mortgage from Betty RoseDanielski Dated: October 26, 20PO bearing a Maturity Date of October 31, year2005, moreover, kindly provide documentation of a Mortgage renewal orcontinuance of same. Kindly provide any appropriate docwnentation therebyestablishing that the Royal Bank of Canada does indeed hold a interest by way ofa Mortgage renewed october 31. 2005, which is current as claimed.

2. With respect to paragraph 7 of the Plaintiff's Statement of Claim, kindly confirmby providing documentation which Mortgage in particular fell into default thedate if execution thereof the names and capacities of the signatories to saidMortgage, moreover kindly provide documentation of that particular Mortgage.

3. With respect to paragraph 7 of the Plaintiff's Statement of Claim, respectivelyreferencing paragraph 1 of the there within Plaintiff's Statement of Claim {The


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From: +1 (416) 595a.n Page: 3/3 Date: 9/271201Q~~41;~Q. P~~yy

Plaintiff, Royal Bank of Canada, hereafter RBC) please remove the ambiguity andconfirm that the Plaintiff referred to in paragraph 1 is indeed the RBe.

4. With respect to paragraph 7 of the Plaintiff's Statement of Claim, kindly confirmby providing documentation confirming the date as to when did the Plaintiffcommenced the Power of Sale proceedings?

5. With respect to paragraph 8 of the Plaintiffs Statement of Claim. kindly confirmby providing documentation confirming as to why the Plaintiff is unable tocomplete the sale of the property.

6. With respec t toparagraph 9. of the Plaintiffs Statement of Claim, kindly confirmby providing documentation confirming proof of Claim that the Defendant basbeen personally served with a Notice to Vacate the property.

7. With respect to paragraph 9. of the Plaintiffs Statement of Claim. kindly confirmby providing documentation confirming proof of Claim that the Defendant mustvacate the property after being served with a Notice to Vacate the property.

8. With respect to paragraph 9. of the Plaintiffs Statement of Claim, kind1y con finnby providing documentation, confmning the particulars of how the Defendant haswrongfully converted the property.

9. With respect to paragraph 9. of the Plaintiffs Statement of Claim, kindly confirmby providing documentation. confirming the particulars of how the Defendant isoccupying the property without permission or consent.

10. With respect to paragraph 10. of the Plaintiffs Statement of Claim, kind1y confirmby providing documentation confirming the particulars of how the Defendant isbenefiting from "unjust enrichment'.

If th e particulars requested are not delivered to ~ undersigned wr r f qN10 DAYS afterservice of this demand,. an application will be made to the Court for an order requiring thedelivery thereof.

DATED at the City of Fredericton in the COWllYof York and th o Province of NewBrunswick, Canada, this 27tlt day of September, 2010.

~~Address for service within New Brunswick:3 1 Mars hall Street,Fredericton. N.B.E3A4J8

2


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From: +1 (506) 382ann Date: 10126/20104:10;08 PM-,'OJ....., "' _ -";_- 1""Page: 1/3

COVER PAGE

IN ACCORDANCE WIlli RULES OF COURT ~RULE 18

SERVICE OF PROCESS.Rule 18 .07,


18.07(2) Servke 00 Solicitor of Record


(a) the name, address and telephone number oftbe sender,

Sender name. Andre MurraySender address : 31 Marshall Street,Fredericton, New Brunswick, Canada. IDA 4J8Sender telephone number: I 50S 472 0205Senders e-mail: an


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From:+1 (506)382"ann Page:213 Date: 10/26120104:10:08 PM...,.., ....,.,._ v....... v , . . . . -


fN THE COURT OF QUEENS BENCH OF h'EW BRUNSWICKTRIAL DIVISION

J1JDITICAL DISTRICT OF MONCTON

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

Plaintiffs.

- and-

ANDRE MURRAY

Defendant,

DEMA.'ffi FOR PARTICULARS(FORM 27L)

TO; The Plaintiffs. ROYAL BANK OF CANADA & 501316 N.B. Ltd., a body corporate

The Defendant, ANDRE MURRAY. demands particulars of the -following allegations

contained in your NOTICE OF ACTION WlTH STATEMENT OF CLAIMAIT ACHED (FORM 16A), Dated at Moncton, New Brunswick, September 17, 2009(hereafter Statement of Claim)

I. With respect to "RBC h a s ~legal imerest" referred to in paragraph 4 of thePlaintiff' 5 Statement of Claim; Royal Bank of Canada (hereafter RBC) has a legalinterest by providing the full legal name, and identity and capacity of th eMortgagor and exact time of renewal pursuant to the Mortgage Maturity Date ofOctober 31, year 200S of said Mortgage.

2. With respect to. "A, Mortgage Sale was held on July 16 1h, 2009" as referred to inparagraph 7, furthermore, it has been claimed, that the here within aboveambiguously identified Mortgage "fell into default" as referred to in paragraph 7.Kindly confirm by providing the full legal name, and identity and capacity of theMortgagor of here within above mentioned Mortgage, the registration number ofsaid Mortgage, place of registration of said Mortgage, date of initial reglstraticn

of said Mortgage and all dates which arc relevant to the subsequent renewal ofMortgage Registration pursuant to the Mortgage Maturity Date of October 31,year 2005 of said Mortgage alleged to have been sold onJuly 16[1t.2009.


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.... . ..,_ I~ _ ..... _" t iI . .. .a ge: 114

COVER PAGE

IN ACCORDANCE wrrn RULES OF COURT,

RVLE 18

SERVICE OF PROCESS ,Rule 18 .07.


18.07(2) Service 00 Solicitor orRecord

(2) A document served by telephone transmissionshall include a Gover page indicating

(a) the name, address and telephone Dumber of the sender,

Sender name, Andre MurraySender address : 31 Marshall Street,Fredericton. New Brunswick. Canada. E3A 4J8Sender telephone number: ) 505 472 - 0205Senders e-mail;[email protected]

(b) the name of the solicitor to be served:

George LeBlanc Solicitor of Record forROYAL BANK OF CANADA & 501376 N.B. ua., a body corporateName of solicitor' s firm: Cox & Palmer,Address for service: Blue Cross Centre, 644 Rue Main Street. Suite 502,MonctonNB.EtC lE2E-mail address:[email protected] number. Main 506 856 9800Telephone number: Direct 506 382 4529Fax 506 856 8150

(c) the date and time of transmission,Date__ October 27,20 I O _ _ Time I:30 PM'-- _

(d) the total number of pages transmitted. incfudingthe cover page, 4 pages _

(e) the telephone number from which the document istransmitted, 506- 472 - 0205 _

(f) the name and telephone number of a person tocontact in the event of transmission problems.

Name: __ Andre Murray _ Telephone: 506 -472 - 0205

1""
mailto:e-mail;[email protected]:address:[email protected]:address:[email protected]:e-mail;[email protected]


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_ .... - " ..... " " '" , ." " ' .... t- "F rom : + 1 (5 06 ) 3 82 an n ,_ ._


IN THE COURT OF QUEENS BENCH OF xrw BRUNSVlICKTRIAL DIVISION

JlJDITICAL DISTRICT OF MONCTON

BET\\'EEN:ROYAL BANK OF CANADA & 501376 N.B. Ltd.,a body corporate,

Plaintiffs,

- and-

ANDRE MURRAY

Defendant.

AMENDED DEMAND FOR PARTICULARS(FORMl7L)

TO: The Plaintiffs, ROYAL BANK OF CANADA & 501376 N.B. Ltd., a bodycorporate

The Defendant, ANDRE MURRA Y. demands particulars with respect to allegationscontained within the Plaintiff's Statement of Claim, Dated at Moncton, New Brunswick,September 17. 2009 and Court: File Date Stamped September 18, 2009, (hereafterreferred to as Plainriffts Statement of Claim) as follows:

I . With respect to "RBC has Q legal interest in the property at 19-31 .4JarshallStreet. Fredericton" and "pursuant 10 Q Mortgage" as referred to in paragraph 4.of the Plaintiff's Statement of Claim, the particulars, as to the Royal Bank ofCanada (hereafter RBC) U legal interest" by providing the full legal name. andidentitv and capacity of the signing authority on behalf of the Mortgagee.

2. Vlith respect to "'RBC has a legal interest in the property at 29-31 MarshallStreet, Fredericton" and "pursuant 10 a Mortgage" as refelTed to in paragraph 4.of the Plaintifr s Statement of Claim. the particulars as to the RBC "legalinterest" by providing the exact time of the actual renewal. pursuant to theMortgage Maturity Date of October 31, year 2005, of said Mortgage. includingthe fuB legal name, and identity an d capacity of th e signing authorityon behalf ofthe alleged Mortgagee RBC at time of"renC\\'al".


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, . .. . .. .. . .. . . _ . .. ., , .. . . F rom: +1 (5 06 ) 3 82 "a nn Page: 3/4 Date: 10127120101:31:07 PM. . . . . " .. . . . . . . . '" "_ " "'v

3. "lith respect to, "'A Mortgage Sale was held on July 16'\ 2009 pmsuant to whichth e p ro perty w as s oldto Hugh C am eron" asreferred to in paragraph 7, of the

Plain ti ff' s S ta temen t o f C la im . th e reg is tra tio n numberof said Mortgage. placeof registration of said Mortgage. date of initial registration of said Mortgage andall subsequent Dates which are relevant to the subsequent renewal of MortgageRegistration pursuant to the Mortgage Maturity Date of October 31. year 2005 ofsaid Mortgage furtbennore, alleged to have been sold on July 16 th , 2009.

4. With respect to. ""AJUortgag_eSale wa~ heldon July 1(l', 2009, pursuan tto whichthe properry was sold to Hugh Qvneron" a sreferred to in paragraph 7, of thePlaintiff's Statement of Claim, the full legal registration P.I.D. munberofsaid"propertY" as "was sold 10 Hugh Cameron" place of registrationof said"property ", date of registration of said "property was sold to Hugh Cameron",

5, With respect to "071 July J fl', 2009, pursuant to which the property was sold toHoughCameron" as referred to in paragraph 7 ofthe P lai nti ff' s Statement ofClaim, the full legal name of Hugh Cameron and the particulars with respect tothe word "property".

6. With respect to "wrongfUllv converted (he property" as referred to in paragrnph 9,of the Plai ntiff' s Statement of Claim. kindly provide the particulars.

7. With respect to "occupying the property without permission or consent" asreferred to in paragraph 9. of the Plaintiff' s Statement of Qaim. kindlyprovidethe particulars with special regard to the alleged "withoutpermission or consen t" .

8. With respect to "conversion ofpropertv and u,#ust enrichment" as referred to inparagraph 10 oflhe Plaintiff's Statemcut of Claim. kindly provide theparticulars of the allegations: "corrYersion o(urowty" and "unjust enrichment'found there within.

9. With respect to "the Plaintiff's seek damages for conversion ofproperty and unjust enrichment" as referred to in paragraph 10 of thePI ai ntiff' s Statement of Claim. the particuJars of said damages sought.

If the particulars requested are not delivered to the undersigned WI1HIN 10 DAYS afterservice of this demand, an appLication will be made to the Court for an order requiring thedelivery thereof

DATED at the City of Fredericton in the County of York and the Province of NewBrunswick, Canada, a DEMAND FOR PARTICULARS( FORM 27L lfrom 26th, day of O ctober. 201 0. and as AMENDEDthis 27 ih, day of October. 2010.

2


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I ... .., I I.... ~,...

From: +1 (506) 382ann Page: 4/4

ILh /iAndre Murray Defen=Address for service within New Brunswick:31 Marshall Street,Fredericton, N.B.E3A418

3

, . . .. .


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Court File Number: MlC/0642/09


TRIAL DIVISION

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

Plaintiffs,- - and-

ANDRE MURRAY,

Defendant,

STATEMENT OF PARTICULARS(FORM 27M)

With respect to the Demand for Particulars, by the Defendant, Andre Murray, dated September27 th, 2010, the Plaintiffs advise as follows:

I) With respect to paragraph 1of the Demand for Particulars, the Demand is for a copy of aMortgage, which document has previously been provided to and is in possession of the >Defendant.

2) With respect to paragraph 2 of the Demand for Particulars, the Mortgage in question isthe same Mortgage referred to above.

3) With respect to paragraph 3 of the Demand for Particulars, the Plaintiff referred to is theRoyal Bank of Canada.

4) With respect to paragraph 4 of the Demand for Particulars, the request is for a copy ofdocumentation, a copy of which Notice of Sale has previously been provided to the Defendant.

5) The information requested in paragraph 5 of the Demand for Particulars. is not an

appropriate Demand for Particulars.

6) With respect to paragraph 6 of the Demand for Particulars requests evidence which hasbeen put before the Court previously, which evidence the Defendant has received and is awareof


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7) With respect to paragraph 7 of the Demand for Particulars, the information requested is aconclusion of law and not appropriate for a Demand for Particulars.

8) With respect to paragraph 8 of the Demand for Particulars, this is an inappropriaterequest under a Demand for Particulars.

9) With respect to paragraph 9 of the Demand for Particulars, this is an inappropriaterequest for particulars. Moreover, the particulars requested require a conclusion to be drawn bythe Court.

10) With respect to paragraph 10 of the Demand for Particulars, the particulars requested

relate to a conclusion oflaw, and/or is inappropriate for a Demand for Particulars.

DATED at the City of Moncton, this ,),.2...day of October, 201 O.. - /'"

/ .-/

.(\_ . ~


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TRIAL DIVISION


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

Plaintiffs,- and-

ANDRE MURRAY,

Defendant,

STATEMENT OF PARTICULARS(FORM 27M)

With respect to the Demand for Particulars, by the Defendant, Andre Murray, dated October 26 th,2010, the Plaintiffs state as follows:

I) With respect to paragraph 1 of the Demand for Particulars, the legal interest referred to isas stated at paragraph 4 of the Statement of Claim. It is not necessary to renew the subjectMortgage in order to maintain the Royal Bank's interest under the registered Mortgage. TheDefendant has been provided a copy of the said registered Mortgage.

2) With respect to paragraph 2 of the Demand for Particulars, a copy of the registeredMortgage has already been provided to the Defendant. which contains the requested particulars.With respect to renewal. refer to item 1 above.

3) With respect to paragraph 3 of the Demand for Particulars, the property is that propertyreferred to in paragraph 4 of the Statement of Claim. The full legal name of Hugh Cameron isnot known, nor is it material.

4) With respect to paragraph 4 of the Demand for Particulars, this demand is a repetition of

paragraph 8 of the prior Demand for Particulars, dated September 27lh, 2010.

5) With respect to paragraph 5 of the Demand for Particulars, this is a repetition ofparagraph 9 of the previous Demand for Particulars.

6) With respect to paragraph 6 of the Demand for Particulars, this is a repetition of theprevious Demand for Particulars.


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7) With respect to paragraphs 4,5 and 6 of the Demand for Particulars, the Plaintiff, RoyalBank of Canada says that at the time of preparation of the Claim, the Plaintiffs were not aware ofany signed Lease with respect to the subject property. Although the Defendant claimed to have aLease, the Plaintiff represented that he would provide a copy of same and refused or neglected todo so. In any event, it is the Plaintiff's position that the Mortgage referred to at paragraph 4 ofthe Statement of Claim takes priority to any subsequent Agreements or Leases entered into.Royal Bank of Canada has been attempting to obtain vacant possession of the subject propertysince July. 2009. without success. The Royal Bank of Canada repeats that the Defendant hasrefused to vacate the property, and continues to do so without lawful authority.

DATED at the City of Moncton, this 3. day of November. 2010.

- ~ -~ - -/7 ? //~Geerge H. Leala.,ic~/ ... -

Solic ito r for th e P 1a.1 ntiff,Royal Bank of Canada

CQX&PALMER644 Main St., Suite 500Moncton, NBEtC lE2

Ph : 506-856-9800


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Court File Number: M1C/0642/09

INTHE COURT OF QUEEN'S BENCH OFNEW BRUNSWICK

TRIAL DIVISION


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

Plaintiffs,- and-

ANDRE MURRAY,

Defendant,

With respect to the Amended Demand for Particulars, by the Defendant, Andre Murray, datedOctober zr: 2010, the Plaintiffs state as follows:I) With respect to paragraph 1 of the Amended Demand for Particulars, the Plaintiff, RoyalBank of Canada has answered this demand in a previous Statement of Particulars. The legalname of the Mortgagee is Royal Bank of Canada: Royal Bank of Canada has not signed theMortgage.

2) With respect to paragraph 2 of the Amended Demand for Particulars, this is a repetitionof 1 or more prior Demands for Particulars. As to renewal of the Mortgage, that is not materialas the Mortgage remained unpaid and registered.

3) With respect to paragraph 3 of the Amended Demand for Particulars, this is a repetitionof one or more prior Demands for Particulars and has previously been answered.

4) With respect to paragraph 4 of the Amended Demand for Particulars, an Agreement toPurchase was entered into pursuant to the Mortgage Sale. The Sale of the property was unable to

be completed as a result of the inability to obtain vacant possession of the property. The PIDNumber of the property was and is 01548650.

5) With respect to paragraph 5 of the Amended Demand for Particulars, this has been thesubject matter of a prior demand or demands and has been responded to.


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6) With respect to paragraph 6 ofthe Amended Demand for Particulars, this has been the

subject matter of a prior demand or demands and has been responded to.



9) With respect to paragraphs 8 and 9 of the Amended Demand for Particulars relating tounjust enrichment, it is the position of the Royal Bank of Canada that the Defendant does nothave legal authority to remain in the subject property, is maintaining possession of the property

contrary to the wishes of the owner, and the Mortgagee, and is therefore being unjustly enrichedat the expense of the owner and Mortgagee. Particulars of the said damages are not known atthis time and will be provided in due course.

DATED at the City of Moncton; this "7day of November, 201 O. ~--;7 ~' _//

" // .: ~~ / .: /< /

George ~Ianc dSolicitor for the Plaintiff,RoY31Bank of Canada '

CQX&PALMER644 Main st., Suite 500Moncton, NBEtC tE2

Ph : 506-856-9800


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TRIAL DIVISION


8 ETW E E N: ROY AL BANK OF CANADA & 501376 N.B.Ltd., a body corporate,

Plaintiffs.

- and-

ANDRE MURRAY,

Defendant,

REPLY(FORM 27B)

I) The Plaintiff, Royal Bank of Canada denies the allegations contained in paragraphs I, 2and 4(1) to (24) inclusive except where otherwise admitted herein. and puts theDefendant to the strict proof thereof.

2), As to the whole of the Defence, the Plaintiff, Royal Bank of Canada' states that althoughthe Defendant claims to have a year to yeat Lease to the'property, the Plaintiff denies thevalidity of the said Lease and says that it was prepared and signed with a under an alias,Richard Boileau.

3) The Plaintiff. Royal Bank of Canada says that any Power of Attorney to Richard Boileaufrom Betty Rose Danielski is invalid, void and/or voidable as it was signed under duressand to a person under an alias, without understanding the nature and effect of the saiddocument.

4) The Plaintiff. Royal Bank of Canada says that the Defendant also claimed under oath tohave another Lease which was a 4 year Lease which has expired, and which overrides theother claimed Lease.

5) The Defendant also claims to have an agreement for the management of the property, andhas filed a Claim for Lien against the subject property.

f\ 1\Thisis Exhibit..~".~ .... . retetred toin the

affidavit of ... . \ : -4 1 . t! '.~I~~~.. &~~.r~sworn before me, this ~,f". ..,...day of. .. .. .N .{.?~~ ~.m ..O. [ : A.D., 20 . ./0..


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6) The Plaintiff, Royal Bank of Canada denies that the rent payments generally and a

prepayment of $7.700.00 specifically were made by the Defendant, Andre Murray and inthe alternative says that payments alleged to have been made to Richard Boileau were notin tact made or were made in a collusive manner, with no intention of providing the fundsto Betty Rose Danielski, who did not in fact receive said funds.

7) The Plaintiff, Royal Bank of Canada denies that Andre Murray has made rental paymentsas alleged and says that such payments were made by or on behalf of "Richard Boileau",and/or his common-Jaw partner.

8) The Plaintiff, Royal Bank of Canada also denies that the Defendant, Andre Murraycontracted with Richard Boileau to provide working materials furnished to the propertyand/or that such work would be done in lieu of rental payments.

9) The Plaintiff, Royal Bank of Canada denies that Andre Murray did such work andlor thathe provided work or materials to the property at or upon the request of Betty RoseDanielski.

10) The Plaintiff, Royal Bank of Canada says that the claimed "Attorney", under the alias,Richard Boileau, is and was a fugitive from the law, that there remain warrantsoutstanding for his arrest.

11) The Plaintiff, Royal Bank of Canada says that its registered mortgage takes priority overany subsequent Lease or other agreement'which the Defendant claims with respect to the

subject property, and that any rights under any such Lease or agreement wereextinguished upon the exercise of a Mortgage Sale by Royal Bank. of Canada.

12) In the alternative, the Royal Bank of Canada says that the Defendant, Andre Murray hasbeen served with a Notice of Termination of Tenancy, and that any alleged Lease whichAndre Murray claims to have has been terminated.

13) The Plaintiff, Royal Bank of Canada, says that the terms of sale providing for sale subjectto existing tenancies were the benefit of Royal Bank of Canada, and not for the benefit ofthe Defendant who is not a party to same. Further the provisions under the terms of salethat the property would be sold subject to existing tenancies was modified, varied and/orwaived, and that it was agreed that vacant possession of the subject property would beprovided.


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14) The Plaintiff. Royal Bank of Canada says that the Plaintiff, 501376 N.B. Ltd. has

withdrawn from the purchase of the subject property as a result of the inability of RoyalBank of Canada to provide vacant possession, and as a result the property is thereforeknocked down to the Royal Bank of Canada.

l5) The Plaintiff, 501376 N.B. Ltd. has filed a Notice of Discontinuance, and will seek adiscontinuance by Notice of Motion if necessary .

.~DATED at Moncton, New Brunswick, this _.2day of November:_;o. 10./

.>.~,/(~ ." /" "' ,/ "

/

CQX & PALMER644 Main St., Suite 500Moncton, New BrunswickElC tE2

Ph: (506) 856-9800Fax: (506) 856-8150


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/E~

-I

-III,,,,I

Court File Number: MlC/0642109


TRIAL DIVISION

JUDICIAL DISTRICT OF MONCfON

8 E T WEE N: ROYAL BANK OF CANADA & 501376N.B.Ltd., a body corporate,

COURTOFQUf-Ern bc:~H - and _TRIAL ~r';!:-ICNMMCTOIII,N.~i.

FtI _ .' . :.!O ANDRE MURRAY,

MAR 1 ZO lO. -;~~

COUR Ull U.... . . , ...'e~v.oe ~I\Er.1':~' ~. ..-....... ..MottCIr..N,: .~. _.. :f . NOTICE OF MOTION

L-_JO~~~'~~~~i~~f:~G~.'~"~--- FO~37A)

TO: Andre Murray31 Marshall StreetFredericton. New Brunswick.E3A4J8

Plaintiffs,

Defendant,

Le demandeur demandera a la Cour aIe

The Plaintiff., Royal Bank of Canada & 501376N .B . L td.,will apply to the Court of Queen'sBench of New Brunswick, Trial Division atAssumption Place, 770 Main Street, Moncton,

. ~runswick on t)1f.~~' day of

. .. . _ J_ . 8M , t.. . . . . .' - -"""~- . .c . : : lJ_. 2010, at ~.:5li__a.m.-:acm-for an Order that:

19 a

a) The Defendant and any other partyresiding at 29-31 Marshall Street.Fredericton. New Brunswick alsoknown as PIO Number 01548650. asmore particularly described in Schedule"A" to a Mortgage document datedOctober 26 th, 2000, made betweenBetty Rose Danielski, as Mortgagorand Royal Bank. of Canada, asMortgagee, and registered in theCounty of York Registry Office onOctober 3) st, 2000. as Official Number11490993. be ordered to Vacate theproperty forthwith,

If _ \\

This is Exhibit.... 4;....:..,'~ferrii,to in theaffidavit Of . .. .P.g t . v : - : ! . .~L~ .. . l . . . .?9..J . r : .F:f l l -~sworn before me, this ;?,.~ dayof

....!v..D.0..~.!:'0_~h.S;tA.D., 20.1.9 ........................ ..A COMMISSIOr e lff T BEINGA SOUCITOR


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b) That the Defendant and any other partyresiding there be ordered not to causeany damage to the subject property,That until such time as the Defendantand any other party residing therevacates the property entirely, that RoyalBank of Canada be authorized toconduct such periodic inspections andtake such steps as are necessary toprotect the property,That the Court declare that theaforesaid Mortgage takes priority toany Lease, Mechanic's Lien,Agreement to Purchase subsequent tothe said Mortgage, and in particular, theDefendant's claimed Lease dated

September 1". 2005,That the Court authorize SubstitutedService pursuant to Rule 18.04 andlorvalidation of service pursuant to Rule18.09 of the Rules of Court by servinga copy of the within Motion and anyother documents related therefore via e-mail addressed to the Defendant, andby forwarding a copy by registered orcertified mail at the Defendant'saddress, if necessary,

That the Defendant pay costs of thewithin Motion,Such further and other relief as thisHonourable Court may appear just.

c)

d)

e)

f)

g)

Upon the hearing of the motion the fol1owing A l'audition de la motion, les affidavits ou lesAffidavits or other documentary evidence will autres preuves litterales suivantes serontbe presented: presentees:

1. Affidavit of Julie Ruggiero dated theu" day of February, 2010.

2. Affidavit of Betty Rose Danielski datedthe 25 th day of February, 2010.

3. Affidavit of Gino Duguay dated the251 h day of February, 2010.

4. Affidavit of Andreen Tranchell datedthe 23rd day of February.


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5. Such further Affidavits and documentsas are filed with and accepted by theCourt.

You are advised that: Sachez que:

(a) you are entitled to issue documents and (a)present evidence in the proceeding InEnglish or French or both;

(b) the Plaintiff intends to proceed in the (b)English language;

(c) if you intend to proceed in the other (c)official language, an interpreter may berequired and you must so advise theclerk at least 5 days before the hearing.

. 26 th day of FAIT it

vous avez le droit dans la presenteinstance, d'emettre des documents et depresenter votre preuve en francais, enanglais ou dans les deux langues;

Ie demandeur a "intention d'utiliser lalangue ; et

si vous avez "intention d'utiliser l'autrelangue officielle, les services d'uninterprete pourront etre requis et voisdevrez en aviser le greffier au moins 5jours avant l'audience.

Ie 2010.

Avocat du demandeur

Solicitors for the Plaintiff644 Main Street, Suite 500Moncton, New BrunswickEIC lE2(506) 856-9800


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i



TRIAL DIVISION


BETW EEN: ROYAL BANK OF CANADA & 501376 N.B.Ltd., a body corporate,

Plaintiffs,

- and-

ANDRt MURRAY,

Defendant,

AFFIDAVIT

I, Julie Ruggiero of the City of Montreal and Province of Quebec, MAKE OATH ANDSAY AS FOLLOWS :

1. I am employed as a Collection Associate for the Royal Bank of Canada and as such havea personal knowledge of the matters herein deposed to except where otherwise stated.

2. Betty Rose Danielski became owner of the property located at 29-31 Marshall Street,Fredericton, New Brunswick, more particularly described as PID Number 01548650 (the"Proper ty" ) pursuan tto a Deed dated October 24ib , 2000, registered in the York CountyRegistry Office on October 3}1" 2000. as Official Number 1149005 I, in Book 2270, atPage 403, a copy of which is annexed hereto and marked "A".

3. Royal Bank of Canada acquired a legal interest in the Property pursuant to a Mortgagefrom Betty Rose Danielski to Royal Bank of Canada dated October 26 th , 2000, registeredin the York County Registry Office October 3111,2000, as Official Number 11490993, inBook 2270, at Page 409, a copy of which is annexed hereto and marked "B" (hereinafterreferred to as the "Mortgage").

4, Andre Murray filed a Claim for Lien against the Property by way of a Claim for Lienregistered April 16 th, 2009, in the York County Registry Office as Official Number27035311, a copy of which is annexed hereto and marked "C U ,


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II

I

III

II II

II

2

5 . The Mortgage fell into default and a Notice of Mortgage Sale was issued by the RoyalBank of Canada on or about June 3 n1, 2009, a copy of which is annexed hereto andmarked "0".

6 . I am advised by George H. LeBlanc and do verily believe that Andre Murray claims thathe was not served with a copy of the Notice of Mortgage Sale. Annexed hereto andmarked "Eft is a copy of the Notice of Mortgage Sale which was sent to Andre Murray byregistered mail, by letter dated June Sth, 2009. Attached hereto and marked "F' is a copyof the Canada Post Tracking Report indicating that the registered letter was refused.Attached hereto and marked "G" is a copy of the returned envelope indicating"unclaimed" .

7. I wn advised by George H. LeBlanc as solicitor for the Royal Bank of Canada and doverily believe that the mortgage sale took place on July 16th, 2009 at 11:00 a.m. and thatto the best of his knowledge and belief all of the requirements of the Power of Salecontained in the Property Act and the Mortgage were complied with.

8 . Attached hereto and marked "H" is a copy of the Certificate of Sale by Suellen Ross,auctioneer, confirming that the Mortgage Sale took place on July 16 th, 2009, at whichtime the property was sold to Hugh Cameron, Banister & Solicitor in Trust.

9 . Attached hereto and marked "I" is a copy of the Bidding Papers and Terms of Sale signedby solicitor George H. LeBlanc, as solicitor for the Mortgagor, Royal Bank of Canada.,and also signed by Hugh Cameron in trust as purchaser of the property.

1 0 . The Bidding Papers provide that the purchaser accepts the Property subject to existingtenancies. ] amadvised by George H. leBlanc and do verily believe that in practice thisclause is sometimes waived in order to facilitate a sale of the Property, and that in thiscase, it was waived and agreed to provide vacant possession on closing.

11 . I am advised by George H. leBlanc and do verily believe that the closing of the subjectproperty has been postponed pending vacant possession of th e property, and particularlythe vacating of the property by Andre Murray andlor any other persons residing there.

12. I am informed by George H. LeBlanc and do verily believe that he spoke with the ownerof the property. Betty Danielski, on or about June 19 th 2009. who advised him:

that she had purchased this property for her daughter who was then in a commonlaw relationship with a person by the name of Craig MacGregor, that therelationship had fallen apart and that she and her daughter and her children hadleft the property;

that Mr. MacGregor had taken in a person by the name of Andre Murray;


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that there had been trouble at the premises and that the Police had been therebefore;

that there was no lease with her and that they were not there with her consent; that she had contacted the Rentalsman to see if they would help her get them out,

but the Rentalsman took the position that it was a family matter and would notintervene;

that she supported the Bank's efforts to take possession of the Property.

13. Attached hereto and marked "J" is a copy of a letter dated June 16"\ 2009 which I aminformed by George H. LeBlanc and do verily believe that he received from Ms.Danielski. In this correspondence she affirms the above-noted information, and statedthat she gave her permission to the Bank to enter the property, but urged that this be donewith "caution and a mind to your safety", that after she and her daughter and children had

left the property, the home was left in Mr. MacGregor's care (her daughter's common-law husband), that Mr. MacGregor would ensure that the mortgage was paid bydepositing cash into her Mortgage/Chequing Account, although she had to top off theaccount and ask for skipped payments on many occasions.

14. As a result, a decision was made to serve Andre Murray and/or any other occupants ofthe Property with a Notice to Vacate, upon the completion of the mortgage sale on June1611\ 2009.

15. Attached hereto and marked "K" is a copy of the Affidavit of Service of Hugh K.Cameron dated July 20 th , 2009, whereby he advises that he served Andre Murray with aNotice to Vacate on July 16 1 h, 2009, by leaving a copy at the Property.

16. I am advised by George H. LeBlanc, solicitor for the Royal Bank of Canada and do verilybelieve that Andre Murray has confirmed to him that he received the said Notice toVacate, although he claims to have received it a few days later.

17. I am advised by George H. leBlanc and do verily believe that he had discussions withAndre Murray whereby Mr. Murray requested more time to vacate the property.

18. Attached hereto and marked UL" is a copy of an e-mail from George H. LeBlanc to AndreMurray wherein he confirms Mr. Murray's request for an extension to vacate the propertyto August is", 2009, and that Royal Bank of Canada is agreeable to same provided that

Mr. Murray confirms that he will vacate the Property on or before that date.

19. Attached hereto and marked "M" is a copy of a further e-mail sent by George H. LeBlancto Andre Murray on July 27th, 2009, requesting confirmation of the agreement to vacate.


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20. Attached hereto and marked ''N'' is a copy of a further e-mail sent by George H. LeBlancto Andre Murray on July 29"', 2009. confirming numerous attempts to reach Mr. Murray,that Mr. Murray had acknowledged that he would get back to Mr. LeBlanc "right away",that he had received no reply to e-mails or calls. and therefore that RBe would requirethat the property be vacated by July 31 51,2009, pursuant to the Notice served on July 16 1h,2009, as a result of the failure to confirm the agreement to vacate. Mr. LeBlanc also gavenotice that we would have no alternative but to proceed with an application to the Court ifthe property was not vacated.

21. Attached hereto and marked "0" is a copy of an e-mail received by George H. LeBlancfrom Andre Murray on August 4th. 2009, in which he seems to deny his agreement tovacate the property, claims that he never requested an extension to vacate and claims thathe has a long tenn lease for the subject property.

2 2 . I am advised by George H. LeBlanc and do verily believe that Mr. Murray clearlyrequested more time to vacate the property in his initial discussions with him as set outabove. This was confirmed by George H. LeBlanc immediately thereafter in writingpursuant to Exhibit "L " above and again in writing on July 29 ih, 2009 as indicated inExhibit "N" above. .

23 . Also in his e-mail ofAugust4 .... 2oo9.Mr. Murray claims to be "legally in possession tomy residence according to the signed Lease of September l S I ,2005 which I have offeredto you and J have made a photocopy for you".

I am advised by George H. LeBlanc and do verily believe that he responded to Mr.Murray's e-mail on August

I11h,2009. and again confirmed Mr. Murray's request for an

extension in more detail. a copy of which is annexed hereto and marked "P".

24.

25. As noted in Exhibit "P" above, Mr. LeBlanc confirmed that he had previously asked Mr.Murray to provide a copy of the Lease which he claimed to have, but same was notprovided, and again requested that a copy be provided "ASAP" bye-mail, fax or mail.

26 . Attached hereto and marked exhibit "Q" is a copy of an Affidavit of Betty RoseDanielski dated September z= ;2009 (without exhibits), in which she confirms atparagraph 16 as follows: "I am informed by George H. Lelslanc, lawyer for the RoyalBank of Canada that Mr. Murray claims to have a long term Lease to the subject propertybut has refused to provide a copy. I have not signed any Lease for the property withanyone.".

27. I am advised by George H. LeBlanc and do verily believe that based upon theinformation provided by Ms. Daneilski, his discussions with Mr. Murray. and Mr.Murray's continued and repeated fai lure to providea copy of a le as ewhich he claimed hehad, he concluded and believed that Mr. Murray did not have a lease to the Property.


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I

30.

5

28. In this case, despite the fact that we did not believe that Mr. Murray had a lease to theproperty, we attempted to work with Mr. Murray to allow him to vacate the Propertycooperatively rather than applying to the Court for an order to vacate, however, when itbecame apparent that this was not possible, we instructed our legal counsel, George H.LeBlanc. to apply to the Court for an order to have Mr. Murray evicted from theProperty.

29. As noted in Exhibit UN" above, Mr. LeBlanc indicated to Mr. Murray in writing on July291h, 2009, that it was our intention to apply to the Court if the property was not vacated.

An application was made to the Court of Queen's Bench of New Brunswick for an orderthat the Property be vacated, and an Order was obtained, a copy of which is annexedhereto and marked "R".

31. Mr. Murray filed a Motion for Leave to Appeal the above-noted order, which was heardbefore a judge of the New Brunswick Court of Appeal. Leave to Appeal was deniedpursuant to the Decision dated, December 8 th, 2009, a copy of which is annexed heretoand marked "S",

32. I am informed by George H. LeBlanc and do verily believe that at the hearing before theNew Brunswick Court of Appeal for Leave to Appeal, Mr. Murray admitted that he hadnot provided a copy of any Lease which he claimed to have to Mr. LeBlanc, and claimedthat he had been advised by the Rentalsman's Office not to provi4e same.

33. ( am advised by George H. LeBlanc and do verily believe that at the hearing of theMotion for Leave to Appeal, Mr. Murray produced a copy of a lease, a copy of which isattached hereto and marked "T".

34. Attached hereto and marked "U" is a copy of a Power of Attorney which I am informedby George H. LeBlanc and do verily believe that he received shortly before the AppealHearing and which he disclosed and produced at the hearing of the Motion for Leave toAppeal.

35. I am also advised by George H. LeBlanc and do verily believe that Mr. Murray takes theposition that the residential building located at 29 Marshall Street, or 29-3 J MarshallStreet has five separate entrances, that there is the number 29 at one end and 31 at theother, and that the Order applies only to 29 Marshall Street.

36. I am advised by George H. LeBlanc and do verily believe that Mr. Murray has apparentlymoved back into the part of the property he says is 31 Marshall Street.


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37. It was the intention of the Royal Bank of Canada upon applying to the Court for a Motionfor the eviction of Mr. Murray that the Order apply to the entire property as chargedunder the subject mortgage, which mortgage has been foreclosed upon, and pursuant towhich the property has been sold.

38. It is noted that Mr. Murray argues that the Order of the Court referred to 29 MarshallStreet, and not 29-31 Marshall Street and further argues that he resides at 31 MarshallStreet.

39. The entire property was subject to the mortgage of the Royal Bank of Canada, which wasforeclosed upon and sold to 501376 N.B. Ltd.

40. Prior to the Motion by Royal Bank of Canada to evict Mr. Murray from the property, Mr.

Murray filed a Claim for Lien against the subject property on April 16111, 2009, in which

he indicated that his address was 29 Marshall Street (refer exhibit "C" above).

41. In a Statement of Claim filed in support of the Defendant's Claim for Lien, certified byAffidavit to be true, the Defendant, Andre Murray stated at paragraph 5 thereof that heand Betty Rose Danielski (the mortgagor), entered into a 4 "ear Lease agreement fromJuly 2005 to July 2009 with an option to purchase on the 4 year only. A copy of theAffidavit verifying claim and statement of claim is attached hereto and marked "V".

42. Royal Bank of Canada had no knowledge of any Lease alleged to have been entered intobetween the Defendant, Mr. Murray and Ms. Danielski, and did not and does not consentto same,

43. Royal Bank of Canada has not ratified or adopted the alleged lease in any way, nor ha s itassumed the role of landlord in relation to the subject property. It is the position of theRoyal Bank of Canada that its mortgage takes priority to the alleged Lease.

44. It is the position of the Royal Bank of Canada that any agreements that Mr. Murrayc1aims to have had with Ms. Danielski are subject to the priority of Royal Bank ofCanada's mortgage.

45. Accordingly, Royal Bank of Canada requests an Order that the Defendant, and/or WlYother occupants of the Property as described in the aforesaid mortgage be required tovacate the Property as soon as possible.

46. Royal Bank of Canada does not have any insurance on the subject property and isconcerned with respect to its security.


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47. Attached hereto and marked "W" is a series of photographs taken by a property

man ag emen t p ers on re tain edon behalf of Royal Bank of Canada,which were taken onthe date of the eviction of Mr. Murray from the subject property.

48. These photos show that the property is in significant state of disrepair, and causesconcern over the upkeep and security of the property.

49. I am advised by Andreen Tranchell and do verily believe that these photos were taken onthe date that the proferty was secured, andlor about two days later, being on or aboutOctober 23rd and 2S ,2009, by an inspector retained by her acting on behalf of RoyalBank of Canada.

50. I am also informed by Andreen Tranchell that she is advised by the inspector that access

through one entrance to the property allows access to the entire building.

51 , Accordingly, the RoyaJ Bank of Canada requests a Declaration that its Mortgage takespriority to the claimed lease to Andre Murray, an Order that the Defendant, AndreMurray and/or any other occupants of the property.' be required to vacate the Property asmore particularly described in the Mortgage forthwith, that they be ordered not to causeany damage to the property in doing so, that they pay the cost of the within Motion andsuch further relief as may be requested and/or this Honourable Court may determine just.

SWORN TO at the City of Montreal,in the Province of Quebec, this _lL_day of February, 2010,BEFORE ME:

II

)

))))))))

.---j\. ---v/~_,;~ C~Julie Ruggiero u


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Court File Number: M/CI0642/09


TRIAL DIVISION


BET WEE N: ROYAL BANK OF CANADA & 501376 N.B.Ltd., a body corporate,

- and-

ANDRE MURRAY,

NOTICE OF MOTION(FORM 37A)

TO: Andre Murray29 - 31 Marshall StreetFredericton, New BrunswickE3A 4J8

Plaintiffs,

Defendant,

. If r.;::;1\This is EXhibik .. I .= . . . ..r~ferrr!.. to in/heaffidavit of ... .. tqi[!.c.lJL..~t.:~sworn before me, this - : ? > - day of

,t /0.....A2Q.U~.m.~.f_r.:. A.D., 20 ........

;;wi.iiiiSSiQNiji~.EiiiGA:SOLlCiT

The Plaintiff. Royal Bank of Canada, will Le demandeur demandera a la Cour aapply to the Court of Queen's Bench of New IeBrunswick, Trial Division at Assumption 19 a d'ordonner;Place. Tower 770 Main Street, Moncton. New 1, t .Brunswick on the ~JU day of \- ..,......,~ " ..).0 1/~ ,201',al 9:~~ r an Order that:

a) A declaration that a Lease and Tenancybetween Andre Murray and Betty RoseDanielski (per Attorney) datedSeptember 1 st. 2005, to the property

located at 29-31 Marshall Street.Fredericton. New Brunswick or anyother Lease. is or are terminated,pursuant to S. 24 of the ResidentialTenancies Act of New Brunswick. c.R-10.2;

f{ ;]"This i~ Exhibit ... . L : . referred to in thear.;,.' . Qf ..~~.'-.!.\f1v / r : !}Y t .( ) . " .

. 1 ')swc.,, l;e(ore me, thJs r.- .. : : day 01

. . . . . . / 1 . : - ; , :~ .~ : . rP. : I . . J . t~ : JA.D., 20..~.'( ..~


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b)

c)

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Requiring Andre Murray andlor anyother occupants of the property located29-31 Marshall Street, Fredericton,New Brunswick be required to vacate

the property forthwith, or such otherdate and upon terms and conditions asthe Court may determine;

Requiring that Andre Murray andlorany other occupants of the propertylocated at 29-31 Marshall Street,Fredericton, New Brunswick, shallcause no damage to the subject propertyprior to or upon vacating the subjectproperty;

d) If necessary, Validating Service, or forSubstituted Service to theDefendant of the Notice ofTenninationof Tenancy and Lease to Andre Murraydated May zo",2010, deemed effectiveon or before May 29 th 2010 by way ofi) leaving copies at the Defendant'saddress located at 29-31 MarshallStreet, Fredericton, NB, E3A 418; ii) bysending a copy by registered mail to theaforementioned address;' iii) by sendinga copy via e-mail directly to theDefendant's e-mail address; iv) andlorby any other method or combination ofthe above deemed appropriate by theCourt, pursuant to Rules 18.04 and18.09 of the New Brunswick Rules ofCourt;

e) An Order providing for a method ofservice of documents upon theDefendant, Andre Murray and the date

upon which such documents will bedeemed to have been served, in anyfurther proceedings In this matter,pursuant to Rule 18 of the Rules ofCourt;

f) That any outstanding Motions relating to


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the claimed lease(s) be heard together;

g) Cost of the within Motion;

h) Such further and other relief as to thisHonourable Court may appear just.

i) The Plaintiffs intend to argue that:1) The Defendant hasundertaken a course of conductdesigned to frustrate and avoidall efforts to have the propertyvacated and to avoid service ofany documentation in a timelymanner or at all, and that servicehas been made difficult,

expensive and costly;

2) The Plaintiff has beenattempting to gain possession ofthe property since the date of aMortgage Sale which was heldon July 16 th , 2009 withoutsuccess;

3) Any Lease, Lease to Own orManagement Contract which theDefendant claims to have hadwas entered into without theconsent or knowledge of theRoyal Bank of Canada who hada prior registered Mortgage onthe subject property which takespriority to any such agreements,which Lease o r Agreementshave effectively been erased orterminated by the Power of Saleexercised by Royal Bank ofCanada;

4) The Defendant has beenserved with a NoticeTerminating his claimed Leasewith the Mortgagor of theproperty, dated September 1 s"2005 as well as a further


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claimed Lease dated June. 2005and any other Lease relating tothe premises which claimedLeases have been terminatedeffective September IS "2010;

5) The Notice of Terminationof Tenancy and Lease wassigned by the registered ownerand Mortgagor, and Landlord,Betty Rose Danielski, theMortgagee, Royal Bank ofCanada, and the intendedPurchaser, 501376 N.B. Ltd.;and specifically referred to theLease or Leases in question,

such that the Lease was fullyand properly identified;

6) The efforts of Royal Bank ofCanada to sell the property tothe Purchaser under theMortgage Sale have beenfrustrated by the Defendant' sactions and refusal to vacate theproperty;

7) The Defendant continues torefuse to vacate the propertydespite any and all efforts by theRoyal Bank. of Canada andothers to have him vacate theproperty.

8) The registered owner, BettyRose Danielski; the Mortgagee,Royal Bank of Canada; and theintended purchaser 501376N.B.; have all been unable to

take control and possession ofthe subject property due to theactions of the Defendant, AndreMurray;

9) The property has been left ina seriously neglected and


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dilapidated state due to theactions of the Defendant, and isat risk.10) The Plaintiffs rely uponRule 18 and particularly Rules18.04 and 18.09 of the Rules ofCourt as well as Section 24 ofthe Residential Tenancies Act ofNew Brunswick, Chapter R-10.2, Statues of NewBrunswick. and in particularwithout limiting the generalityof the foregoing Section 24thereof.

Upon the hearing of the motion the following A l'audition de la motion. les affidavits ou lesAffidavits or other documentary evidence will autres preuves litterales suivantes serontbe presented: presentees:

1. Affidavit of Julie Ruggiero dated the s"day of August, 2010.

2. Affidavit of David A. Daneliuk datedthe 16 th day of September. 2010.

3. Affidavit of Tommy Haas dated the16th day of September. 2010.

4. Affidavit of Betty Rose Danielski dated

the 27thday of July. 2010.

5. Affidavit of Gino Duguay dated the 8 th

day of September, 2010.6. Affidavit of Candy LeBlanc dated the

29 th day of September. 2010.7. Such further evidence as may be

presented at the hearing of this matter.

You are advised that: Sachez que:

(a) you are entitled to issue documents and (a)present evidence in the proceeding inEnglish or French or both;

vous avez Ie droit dans la presenteinstance. d'emettre des documents et depresenter votre preuve en francais, enanglais ou dans les deux langues;

(b) the Plaintiff intends to proceed in the (b)English language;

le demandeur a l'intention d'utiliser lalangue ; et


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(c) if you intend to proceed in the other (c)official language. an interpreter may berequired and you must so advise theclerk at least 5 days before the hearing.

S1vous avez l'intention d'utiliser l'autrelangue officielle, les services d'uninterprete pourront etre requis et voisdevrez en aviser le greffier au moins 5jours avant l'audience.

DATED at Moncton, N.B., this 30 lh day of FAIT a le 19September,201O. ,/

_.,' /""/ /.< / /A . ,

Georg('H. iiBl~, fot Avocat du demandeurMessrs. COX & PALMERSolicitors for the Plaintiff644 Main Street, Suite 500Moncton, New Brunswick

EIC lE2(506) 856-9800


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----

--IIII

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TRIAL DIVISION


BETWEEN: ROY AL BANK OF CANADA & 501376 N.B.Ltd., a body corporate,

Plaintiffs,- and-

ANDRE MURRAY,

Defendant,

AFFIDAVIT

I, Julie Ruggiero of the City of Montreal and Province of Quebec, MAKE OATH AND SAY ASFOLLOWS:

Background1. I am employed as a Collection Associate for the Royal Bank of Canada and as such have ..

a personal knowledge of the matters herein deposed to except where otherwise stated:

2. Betty Rose Danielski became owner of the property located at 29-31 Marshall Street,Fredericton, New Brunswick, more particularly described as PID Number 01548650 (the"Property") pursuant to a Deed dated October 24 th, 2000, registered in the York CountyRegistry Office on October 31 s "2000, as Official Number 11490051, in Book 2270, atPage 403, a copy of which is annexed hereto and marked "A".

3. Royal Bank of Canada acquired a legal interest in the Property pursuant to a Mortgagefrom Betty Rose Danielski to Royal Bank of Canada dated October 26 th, 2000, registeredin the York County Registry Office October 31 S \2000, as Official Number 11490993, inBook 2270, at Page 409, a copy of which is annexed hereto and marked B" (hereinafterreferred to as the "Mortgage"),

4. Andre Murray filed a Claim for Lien against the Property by way of a Claim for Lienregistered Apri I 16 th, 2009, in the York County Registry Office as Official Number27035311, a copy of which is annexed hereto and marked "C",


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.

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Mortgage Sale

5. The Mortgage fell into default and a Notice of Mortgage Sale was issued by the RoyalBank of Canada on or about June 3rd, 2009, a copy of which is annexed hereto andmarked "0".

6. I am advised by George H. LeBlanc and do verily believe that Andre Murray claims thathe was not served with a copy of the Notice of Mortgage Sale. Annexed hereto andmarked "E" is a copy of the Notice of Mortgage Sale which was sent to Andre Murray byregistered mail, by letter dated June 5 1 h, 2009. Attached hereto and marked "F" is a copyof the Canada Post Tracking Report indicating that the registered letter was refused.Attached hereto and marked "G" is a copy of the returned envelope indicating"unclaimed".

7. I am advised by George H. LeBlanc as solicitor for the Royal Bank of Canada and doverily believe that the mortgage sale took place on July 16 th, 2009 at 11:00 a.m. and thatto the best of his knowledge and belief all of the requirements of the Power of Salecontained in the Property Act and the Mortgage were complied with.

8. Attached hereto and marked "H" is a copy of the Certificate of Sale by Suellen Ross,auctioneer, confirming that the Mortgage Sale took place on July 16 th , 2009, at whichtime the property was sold to Hugh Cameron, Barrister & Solicitor in Trust.

9. Attached hereto and marked "I" is a copy of the Bidding Papers and Terms of Sale signedby solicitor George H. LeBlanc, as solicitor for the Mortgagor. Royal Bank of Canada,and also signed by Hugh Cameron in trust as purchaser of the property.

10. The Bidding Papers provide that the purchaser accepts the Property subject to existingtenancies. I am advised by George H. LeBlanc and do verily believe that in practice thisclause is sometimes waived in order to facilitate a sale of the Property, and that in thiscase, it Was waived and agreed to provide vacant possession on closing.

Efforts to obtain Vacant Possession11. Royal Bank of Canada has been attempting to obtain vacant possession of the subject

property since the date of the Mortgage Salewhich took place on July 16 th, 2009.

12. I am advised by George H. LeBlanc and do verily believe that the closing of the subjectproperty has been postponed pending vacant possession of the property, and particularlythe vacating of the property by Andre Murray and/or any other persons residing there.


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Mrs. Danielski13. I am informed by George H. LeBlanc and do verily believe that he spoke with the owner

of the property, Betty Danielski, on or about June 19 th, 2009, who advised him:

that she had purchased this property for her daughter who was then in a commonlaw relationship with a person by the name of Craig MacGregor, that therelationship had fallen apart and that she and her daughter and her children hadleft the property;

that Mr. MacGregor had taken in a person by the name of Andre Murray; that there had been trouble at the premises and that the Police had been there

before; that there was no lease with her and that they were not there with her consent; that she had contacted the Rentalsman to see if they would help her get them out,

but the Rentalsman took the position that it was ~ family matter and would notintervene;

that she supported the Bank's efforts to take possession of the Property.

14. Attached hereto and marked "J" is a copy of a letter dated June 16 lh, 2009 which I aminformed by George H. LeBlanc and do verily believe that he received from Ms.Danielski. In this correspondence she affirms the above-noted information, and statedthat she gave her permission to the Bank to enter the property; but urged that this be donewith "caution and a mind to your safety", that after she a n dher daughter and children hadleft the property, the home was left in Mr. MacGregor's care (her daughter's comrnon-law husband), that Mr. MacGregor was to ensure that the mortgage was paid bydepositing cash into her Mortgage/Chequing Account, although she had to top off theaccount and ask for skipped payments on many occasions.

Notice to Vacate15. As a result, a decision was made to serve Andre Murray andlor any other occupants of

the Property with a Notice to Vacate, upon the completion of the mortgage sale on June16!h,2009.

16. Attached hereto and marked "K" is a copy of the Affidavit of Service of Hugh K.

Cameron dated July zo", 2009, whereby he advises that he served Andre Murray with aNotice to Vacate on July 16 th, 2009, by leaving a copy at the Property.

17. I am advised by George H. LeBlanc, solicitor for the Royal Bank of Canada and do verilybelieve that Andre Murray has confirmed to him that he received the said Notice toVacate, although he claims to have received it a few days later.

18. f am advised by George H. LeBlanc and do verily believe that Mr. Murray later deniedthat he had been served with same .


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4

19. I am advised by George H. LeBlanc and do verily believe that he had discussions with

Andre Murray whereby Mr. Murray requested more time to vacate the property.

20. Attached hereto and marked "L" is a copy of an e-mail from George H. LeBlanc to AndreMurray wherein he confirms Mr. Murray's request for an extension to vacate the propertyto August 15 1h, 2009, and that Royal Bank of Canada is agreeable to same provided thatMr. Murray confirms that he will vacate the Property on or before that date.

21. Attached hereto and marked "M" is a copy of a further e-mail sent by George H. LeBlancto Andre Murray on july zz",2009, requesting confirmation of the agreement to vacate.

22. Attached hereto and marked UN" is a copy of a further e-mail sent by George H. LeBlanc

to Andre Murray on July 291

h ,2009, confirming numerous attempts to reach Mr. Murray,that Mr. Murray had acknowledged that he would get back to Mr. LeBlanc "right away",that he had received no reply to e-mails or calls, and therefore that RBC would requirethat the property be vacated by july 31 51, 2009, pursuant to the Notice served on July 16 th,2009, as a result of the failure to confirm the agreement to vacate. Mr. LeBlanc also gavenotice that we would have no alternative but to proceed with an application to the Court ifthe property was not vacated.

23. Attached hereto and marked "0" is a copy of an e-mail received by George H. LeBlancfrom Andre Murray on August 4 th, 2009, in which he seems to deny his agreement tovacate the property. claims that he never requested an extension to vacate and claims that

he has a long term lease for the subject property.

24. I am advised by George H. LeBlanc and do verily believe that Mr. Murray clearlyrequested more time to vacate the property in his initial discu

nov. 25, 2010, george leblanc, mayor of moncton, recruits patricia boudreau of memramcook to provide...

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