Court File Number: FM/27/12
IN
THE COURT OF QUEEN’S BENCH OF NEW
BRUNSWICK
TRIAL
DIVISION
JUDICIAL
DISTRICT OF FREDERICTON
BETWEEN:
ANDRE MURRAY
Applicant,
-and-
ROYAL
BANK OF CANADA,
501376 N.B.
Ltd., a body corporate,
THE HONOURABLE MARIE-CLAUDE
BLAIS Q.C.,
THE HONOURABLE
ROBERT DOUGLAS NICHOLSON
Respondents,
Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, the Province of New Brunswick and Canada. The Applicant has been a victim of multiple section 7 and subsection 15(1) Charter violations as described within the Notice of Application. The Applicant has been caused undue and unnecessary emotional and physical distress and suffering as a result of the aforementioned Charter violations; The Court of Queen's Bench of New Brunswick is an appropriate Court under subsection 24(1) of the Charter to hear, determine and remedy the above-noted Charter violations.
Pleading- Notice of Application Form 16D
May 31, 2012, Notice of Application Form 16D, FM/27/12. Applicant Andre Murray's Application Regarding a Charter Challenge.
Affidavit in Support of Notice of Application Form 16D
May 31, 2012, Affidavit in support of Notice of Application Form 16D, FM/27/12. Applicant Andre Murray's Application Regarding a Charter Challenge.
Briefs to be used on Hearing of Charter Application:
Applicant's Brief
December 14, 2012, Applicant's Brief to be used for Charter Challenge Application. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Respondent's Brief
December 12, 2012, Legal Brief filed by Gaetan Migneault for the Attorney General for New Brunswick, in response to Application for Charter Challenge. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Motions – in the Order they are filed
(1) Motion 1, Dated July 3, 2012, filed by 501376 N.B. Ltd., a body
corporate:
Solicitor for 501376 N.B. Ltd., a body corporate Hugh J.Cameron.
Solicitor for 501376 N.B. Ltd., a body corporate Hugh J.Cameron.
Motion/Affidavit
Preparation documents
Motion
July 3, 2012, Motion regarding allegations of a vexatious litigant, et al., Order, filed by Hugh J. Cameron, solicitor for 501376 N.B. Ltd., a body corporate. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Affidavits in support
July 3, 2012, Affidavit of Richard McGuigan Part 1 of 2. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
July 3, 2012, Affidavit of Richard McGuigan Part 2 of 2. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 13, 2012, Affidavit of M.W. regarding Justice Done Dirt Cheap Blog. This Affidavit is in violating the New Brunswick Rules of Court 4.01(2) and 4.05(1)(a). FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Affidavit Response to Motion
December 14, 2012, Affidavit of Andre Murray, in response to Motion filed by 501376, a body corporate, FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
July 3, 2012, Affidavit of Richard McGuigan Part 1 of 2. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
July 3, 2012, Affidavit of Richard McGuigan Part 2 of 2. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 13, 2012, Affidavit of M.W. regarding Justice Done Dirt Cheap Blog. This Affidavit is in violating the New Brunswick Rules of Court 4.01(2) and 4.05(1)(a). FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Affidavit Response to Motion
December 14, 2012, Affidavit of Andre Murray, in response to Motion filed by 501376, a body corporate, FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Misc – research notes and
further notes
Record on Motion
Brief /
Submission
Submission
Brief
December 14, 2012, Legal Brief filed by Hugh Cameron on behalf of 501376 N.B. Ltd., a body corporate, in support of their Motion alleging a Vexatious Litigant. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 14, 2012, FM/27/12 Legal Brief Dated in response to Motion filed by 501376, a body corporate. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 14, 2012, Legal Brief filed by Hugh Cameron on behalf of 501376 N.B. Ltd., a body corporate, in support of their Motion alleging a Vexatious Litigant. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 14, 2012, FM/27/12 Legal Brief Dated in response to Motion filed by 501376, a body corporate. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Solicitor for Royal Bank of Canada: George H. LeBlanc
Motion/Affidavit documents
Motion
July 5, 2012, Motion regarding allegations of a vexatious litigant, et al., FM/27/12, Filed by George LeBlanc, Solicitor for Royal Bank of Canada.
Affidavits in support
July 5, 2012, Affidavit of Ghislain Bernard, Number One - supporting Motion Filed by Royal Bank of Canada FM/27/12.
July 5, 2012, Affidavit of Ghislain Bernard Number two -part 1 - supporting Motion Filed by Royal Bank of Canada. FM/27/12 Charter Challange - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
July 5, 2012, Affidavit of Ghislain Bernard Number two -part 2 - supporting Motion Filed by Royal Bank of Canada. FM/27/12 Charter Challange - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Affidavit Response
December 14, 2012, Affidavit, in response to Motion filed by Royal Bank of Canada - RBC. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
July 5, 2012, Affidavit of Ghislain Bernard, Number One - supporting Motion Filed by Royal Bank of Canada FM/27/12.
July 5, 2012, Affidavit of Ghislain Bernard Number two -part 1 - supporting Motion Filed by Royal Bank of Canada. FM/27/12 Charter Challange - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
July 5, 2012, Affidavit of Ghislain Bernard Number two -part 2 - supporting Motion Filed by Royal Bank of Canada. FM/27/12 Charter Challange - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Affidavit Response
December 14, 2012, Affidavit, in response to Motion filed by Royal Bank of Canada - RBC. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Misc – research notes and
further notes
Record on
Motion
Brief /
Submission
Submissions- None
Brief
Respondent's Brief:
December 11, 2012, Legal Brief filed by George H. LeBlanc on behalf of Royal Bank of Canada - RBC, in support of their Motion alleging a vexatious litigant. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Applicant's Brief:
December 14, 2012, Legal Brief, in response to Motion filed by Royal Bank of Canada - RBC. Filed by Andre Murray, FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
(3) Motion 3 Dated December 14, 2012; Filed by Self Represented Applicant Andre Murray:
Motion/Affidavit
Preparation documents
Motion
December 14, 2012, Motion for leave and Abridgement of time, filed by Applicant, so that the scheduled December 17, 2012 hearing could proceed. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Affidavit in support:
December 14, 2012, Affidavit of Andre Murray supporting Motion for leave and Abridgement of time, FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 14, 2012, Motion for leave and Abridgement of time, filed by Applicant, so that the scheduled December 17, 2012 hearing could proceed. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Affidavit in support:
December 14, 2012, Affidavit of Andre Murray supporting Motion for leave and Abridgement of time, FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Misc – research notes and
further notes
Record on Motion
Brief /
Submission
Brief
December 14, 2012, Legal Brief, filed by Applicant Andre Murray, supporting Motion for leave and Abridgement of time. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 14, 2012, Legal Brief, filed by Applicant Andre Murray, supporting Motion for leave and Abridgement of time. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
Miscellaneous documents:
July 6, 2012, Affidavit of Glenn Cudmore. FM/27/12 Charter Challange - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 12, 2012 Cover Letter to Clerk of Court Craig Carleton from Attorney General of New Brunswick's Office. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 12, 2012 Affidavit of Keith Ball. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 12, 2012 Affidavit of Keith Ball, Exhibit A and C. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 12, 2012, Affidavit Leanne Murray. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
December 13, 2012, Letter to Clerk of Court regarding possibility of adjournment of December 17, 2012 scheduled hearing. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.
November 23, 2012 Affidavit of Neil Rodgers, agent provocateur FREDERICTON POLICE FORCE Informant of 15 Fisher Avenue, Fredericton, New Brunswick.
Decisions/Orders
December 17, 2012 Draconian Prohibition Order of Madame Justice Clendening.
Leave to Appeal
Unsatisfied with this Draconian Court order of Madame Justice Judy Clendening Applicant Andre Murray filed a Motion for Leave to Appeal (for 62A) to the Court of Appeal of New Brunswick:
http://coanbfn16412caandremurrayvrbc.blogspot.ca/
STATEMENT OF FACTS
1.
As of April 2012, the Applicant André Murray (hereinafter
“the Applicant”) has been a residential tenant at the same location, paying
monthly rent uninterrupted to the same Landlord’s bank account for seven
consecutive years. The Applicant has
never been served a valid Notice of Termination of Tenancy or a Form 8 Notice of
Transfer by the Landlord, Betty Rose Danielski (hereinafter “the Landlord”) in
accordance with New Brunswick’s
Residential Tenancies Act, S.N.B. 1975, Cap. R-10.2, subsection 13(8).
2.
On March 28, 2005, the Applicant signed a four-year Form
6 Residential Lease (Standard Form of Lease) with the Landlord for the duplex
property located at 29 and 31 Marshall Street, Fredericton, New Brunswick
(hereinafter “Property”).
3.
On September 1, 2005, the Applicant signed a year-to-year
Form 6 Residential Lease (Standard Form of Lease) with the Landlord for the Property.
4.
On October 21, 2011 at 2:00 p.m., at the Court of
Queens Bench Moncton Trial Division, the Honourable Mr. Justice Zoel R.
Dionne gave his oral decision which was and/or is applicable to five motions,
moreover, a decision which was to encompass all five motions of seven
outstanding motions before the Honourable Mr. Justice Zoel R. Dionne.
5.
The Applicant is a residential tenant and leaseholder
of the Property.
6.
The Respondent Royal Bank of Canada (hereinafter “Royal
Bank”), is a chartered bank having its head office in Montreal, Quebec, and
having a branch office located in Fredericton, New Brunswick.
7.
The Respondent, 501376 N.B. Ltd., is a body corporate with its head office on the Doak Road,
Fredericton, New Brunswick.
8.
The Respondent, The Honourable Marie-Claude Blais, Q.C.,
is Minister of Justice and Attorney General for the Province of New Brunswick,
with the office located at 670 King Street, Fredericton, New Brunswick,
E3B 1G1.
9.
The Respondent, The Honourable Robert Douglas
Nicholson, is Minister of Justice and Attorney General of Canada, with the
office located at 284 Wellington Street, Ottawa, Ontario, K1A 0H8.
10.
The Applicant issued a copy of the neither vexatious
nor frivolous Notice of Application pursuant to subclause 22(3)(a)(i) of the Judicature Act, R.S.N.B. 1973, Cap. J-2,
to each of the Attorney General for New Brunswick and the Attorney General for
Canada, confirming that a constitutional issue has been raised in this case,
namely whether or not the Residential
Tenancies Act, supra, or that the
Property Act, R.S.N.B. 1973, Cap.
P-19, subsection 47(1) infringes upon, and is invalidated by, sections 7, 8 and
9 and subsection 15(1) of the Canadian
Charter of Rights and Freedoms (hereinafter “Charter”).
11.
The Applicant
has been a victim of multiple
section 7 and subsection 15(1) Charter
violations as described within the Notice of Application. The
Applicant has been caused undue and unnecessary emotional and physical
distress and suffering as a result of the aforementioned Charter violations;
12.
This is an appropriate Court under subsection 24(1) of
the Charter to hear, determine and
remedy the above-noted Charter
violations.
ISSUES
QUESTIONS FOR THE COURT TO ANSWER
- Does the Residential Tenancy Act, violate the section 7 and or subsection 15(1) of the Charter?
- Does the Property Act, supra, violate the section 7 and/or subsection 15(1) of the Charter?
The Grounds
1.
The Applicant brings this application pursuant to subsection
24(1) of the Charter which provides
for remedy to the individual whose “rights” pursuant to the Charter have been infringed. A “court of competent jurisdiction” is a
tribunal that has jurisdiction over the person and the subject matter, and, in
addition has the authority to make the order sought. In this case the Court of Queens Bench, being
a Superior Court, is such a court that has jurisdiction over the person and the
subject matter, so that pursuant to subsection 24(1) of the Charter, the Court of Queens Bench Trial
Division has the authority to make the order sought herein. The Charter
matters before the Court are:
a) That subsection 47(1) of the Property Act, supra, is
impugned legislation because it is worded in such a manner as to be manipulated
and/or misinterpreted, to consequentially violate and or circumvent the Charter protected rights of residential tenants;
b) The Residential
Tenancies Act, supra, is
unequivocally NOTWITHSTANDING all other acts and, despite this,
mortgagees are continuing to blatantly benefit from special and unequal benefit of the law as in this case; the
Honourable Mr. Justice Zoel R. Dionne has established a precedent
which, if allowed to stand, will continue to enable mortgagees to violate
residential tenants’ rights and for this reason, the legislation must be
considered impugned and in need of Charter
compliance to be brought into alignment with Charter values;
c)
The Residential Tenancies Act, supra, properly
protects tenants and the Charter
protected rights of residential tenants; however, as in this application the Royal
Bank, and 501376 N. B. Ltd.; the Court of Queens Bench Trial Division and
certain Law Society Members have all participated to circumvent the Residential Tenancies Act, supra, in violation of the Charter rights of the Applicant;
