Tuesday 22 January 2013

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Court File Number: FC/45/11
IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK
TRIAL DIVISION
JUDICIAL DISTRICT OF FREDERICTON
BETWEEN:     
                                           ANDRE MURRAY                                                                                                                                                                                                                       
                                                                                                 Plaintiff,
                                                                               -and-
                               THE CITY OF FREDERICTON and others                                                                                                                     
                                                                                                Defendants,


=========================================================

The Lawsuit is over physical harm and damages caused to victim Andre Murray by Members of Fredericton Police Force who assaulted and battered Andre Murray while arresting Andre Murray unlawfully, without a warrant or probable cause.


5th day of March 2009

1.      FREDERICTON POLICE FORCE, on March 5, 2009, did dispatch three Members, City of Fredericton Police Officers, to attend 29 -31 Marshall Street, Fredericton, New Brunswick, who the Plaintiff verily believes, participated in negligent, assault, battery, wrongful / false arrest and false imprisonment, transportation against his will, excessive use of force, intentional infliction of mental suffering and or nervous shock of Plaintiff André  Murray.

2.      I André Murray, did file a complaint with the Fredericton Police Force, regarding the March 5, 2009 assault, battery arrest and forced confinement, which resulted in New Brunswick Police Commission File: (File: 9000 –C- 09- 61) and File: 2010 –RTIPPA- 01. The documents which New Brunswick Police Commission have released into my possession revealed that the Police were being directed and or guided by telephone communication with the Police Department dispatcher (as it does appear) to the location of the Applicant Andre Murray

3.      The Applicant is evidently subject of plan of action designed to achieve a particular goal (object yet unknown) a unrelenting 24/7 nonstop harassment program against the Applicant in this matter which has existed since Andre Murray in the year 2005 became a Residential Leasehold Tenant at 29 - 31Marshall Street in the City of Fredericton. Point is someone who reasonably must reside in close proximity to 29 – 31 Marshall Street in the City of Fredericton is monitoring Andre Murray’s coming and going from his residence. Point is this informer is disingenuous in that the pretense appears to be that the INFORMER or INFORMERS are Bearing False Witness and as such actions by the INFORMERS (as the case may be) results in the manipulation  and deployment/dispatching of local Fredericton Police Force against an innocent Andre Murray.

4.      I Andre Murray confirm that these INFORMERS (as the case may be) have knowingly caused the Applicant in this case to become the victim of repeated violent altercations at the hands of the Fredericton Police Force.

5.      Applicant Andre Murray since becoming a Tenant at his Marshall Street residence in the City of Fredericton has experienced, in particular, unrelenting interference and harassment by two adjacent neighbors, who are living in single family houses on each side of his residence.

6.      Letters from the Fredericton City Police Force have since revealed that the Fredericton Police were guided to the Applicants property to make the arrest by an unnamed informer using a telephone,.

7th day of May 2008

7.      FREDERICTON POLICE FORCE, May 07, 2008, did dispatch three City of Fredericton Police Officers to attend Two Nations Crossing, on the north side of Fredericton, New Brunswick, who the Plaintiff verily believes participated in negligent, assault, battery, wrongful / false arrest and false imprisonment, for that reason inexplicably using  excessive force, causing intentional infliction of mental suffering and or nervous shock of Plaintiff André  Murray.

8.      The behavior of the Fredericton City Police Force regarding the May 7, 2008 incident involving Andre Murray required that I André Murray on September 27, 2010, apply pursuant to Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6 for any correspondence and or other documents, which may reveal other possible motivations for the outrageously excessive and incidentally hazardous/dangerous behavior and treatment of a law abiding Andre Murray by Members of the Fredericton City Police Force as mentioned did occur May 7, 2008.

9.      I André Murray December 9, 2010, did receive a reply correspondence from the New Brunswick Police Commission, which stated that New Brunswick Police Commission in spite of RTIPPA is declining André Murray full access to documents currently in their possession which are specific to this matter (File: 2110 –C- 09- 09),. in particular is an Appendix “C” which consists of the investigation report prepared by the Fredericton Police Force and copy provided to New Brunswick Police Commission.

10.  I André Murray claim that January 13, 2011 the New Brunswick Police Commission did only partially provide the documents as requested I André Murray claim further that documents currently being inappropriately withheld as requested are in possession of New Brunswick Police Commission File: 2110 –C- 09- 09 further, designated New Brunswick Police Commission File: 2010 –RTIPPA- 02.

11.  I Andre Murray subsequently reviewed the New Brunswick Police Commission File: (File: 2110 –C- 09- 09 ) 2010 –RTIPPA- 02, the subject ‘investigation report’ summary and conclusion revealed that the cause of the Applicant Andre Murray’s arrest was as a result of a unnamed person having provided a report the following is an exact excerpt: Investigative Summary blacked out ………….., a blacked out ………has provided a statement that he observed a male closely matching the description of a suspect in “some type of crime”, as a result he contacted the police station, and Cst. Debbie Stafford attended the area and attempted to stop and identify the individual.” 


=========================================================

  In this file one will see completed copied of the following forms of Court:
16A Notice of Action with Statement of Claim Attached
Amended Notice of Action with Statement of Claim Attached
20A Notice of Intent to Defend
27A Statement of Defence
27C-1 Statement of Defence and Counterclaim
27D Defence to Counterclaim
27L Demand for Particulars
31A Notice Requiring Affidavit of Documents
31B Affidavit of Documents
37A Notice of Motion
18A Acknowledgement of Receipt Card
18B Affidavit of Service
Affidavit

=========================================================

Preliminary Documents
June 22, 2009, Doctor's evidence of injuries, resulting from Police Actions. Court file FC-45-11:

April 5, 2009 Complaint regarding Fredericton Police Force members Conduct

November 7, 2009 Complaint regarding Fredericton Police Force members Conduct
 

September 6, 2009, Letter from THE CITY OF FREDERICTON Chief of Police Barry MacKnight, dismissing a complaint dated April 5, 2009,  regarding Fredericton Police Force member's conduct. Court file FC-45-11:

July 15. 2010, letter from Staff Sergent Katherine Alcorn regarding police investigation about Police attack on Andre Murray while simply shoveling drive way. Court file FC-45-11:

November 22, 2010, Doctor's evidence of persistent injuries cause by Police. Court file FC-45-11:


January 25, 2011, FORM 1, Referral, Court File Date Stamped. Please Note this was the first Referral filed under the new RTIPPA legislation, also known as Right to Information and Protection of Privacy Act. Court file FC-45-11: 

December 9, 2011, Letter from THE CITY OF FREDERICTON Chief of Police Barry MacKnight, dismissing complaint dated November 7, 2009, against Fredericton Police Force members conduct. Court file FC-45-11


Both complaints against police misconduct, in arresting, assaulting, battering, pepper spraying, detaining, a man who was not seen committing a crime, merely shoveling snow from a driveway and traveling by bicycle, were dismissed by Chief of Police Barry MacKnight. Court file FC-45-11

December 21, 2011, Doctor's evidence of injuries, Confirmation of visit to Dr. Kelsey Cameron's Office. Court file FC-45-11:



=========================================================


Parties
Andre Murray Plaintiff: Self Represented

Leanne Murray of McINNES COOPER, Fredericton, Solicitor for Defendants: THE CITY OF FREDERICTON, Fredericton Police Force. Chief of Police Barry MacKnight, Sergeant Myers, Constable Mike Fox, Constable Patrick Small, Constable Nancy Rideout, Constable Debbie Stafford, and Constable Michael Saunders.


Trina Rodgers Defendant: Self Represented

Neil Rodgers Defendant: Self Represented

=========================================================

Below one will see copies of the below listed Pleading which were filed into FC/45/11:
16A Notice of Action with Statement of Claim Attached
Amended Notice of Action with Statement of Claim Attached
20A Notice of Intent to Defend
27A Statement of Defence
27C-1 Statement of Defence and Counterclaim
27D Defence to Counterclaim
27L Demand for Particulars



PLEADINGS



Pleading- Notice of Action and Statement of Claim

16A Notice of Action with Statement of Claim Attached
March 4, 2011, NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A).  Court file FC-45-11: 






20A Notice of Intent to Defend

NOTICE OF INTENT TO DEFEND FORM 20A
October 21, 2011, NOTICE OF INTENT TO DEFEND (FORM 20A) filed by Leanne Murray, of McINNES COOPER, Solicitor representing Defendant The City of Fredericton / the Fredericton Police Force. Court file FC-45-11:

October 21, 2011, NOTICE OF INTENT TO DEFEND (FORM 20A) filed by Leanne Murray, of McINNES COOPER, Solicitor representing Defendant Chief of Police Barry MacKnight of the FREDERICTON POLICE FORCE.

October 25, 2011, NOTICE OF INTENT TO DEFEND (FORM 20A) filed by Leanne Murray, of McINNES COOPER, Solicitor representing Constable Patrick Small of the FREDERICTON POLICE FORCE. Court file FC-45-11:

October 26, 2011, NOTICE OF INTENT TO DEFEND (FORM 20A) filed by Leanne Murray, of McINNES COOPER, Solicitor representing Sergeant Myers of the FREDERICTON POLICE FORCE. Court file FC-45-11:

 October 28, 2011, Notice of Intent to Defend Form 27A, filed by Leanne Murray, of McINNES COOPER, Solicitor representing Micheal Fox of the FREDERICTON POLICE FORCE. Court file FC-45-11:

October 28, 2011, NOTICE OF INTENT TO DEFEND (FORM 20A) filed by Leanne Murray, of McINNES COOPER, Solicitor representing Defendant Constable Nancy Rideout of the FREDERICTON POLICE FORCE (daughter of Judge George Rideout, Moncton Trial Division).
Court file FC-45-11:
  


27A Statement of Defence
STATEMENT OF DEFENCE FORM 27A

November 4, 2011, Statement of Defence filed by Leanne Murray, of McINNES COOPER, Solicitor representing Constable Mike Fox of the FREDERICTON POLICE FORCE. Court file FC-45-11: 


November 07, 2011, Statement of Defence, filed by Leanne Murray, of McINNES COOPER, Solicitor representing Defendant Matthiew Myers of the FREDERICTON POLICE FORCE. Court file FC-45-11:





27C-1 Statement of Defence and Counterclaim

October 4, 2011, STATEMENT OF DEFENCE AND COUNTERCLAIM (FORM 27C-1) Filed by Defendant Neil Rodgers and Defendant Trina Rodgers. Court file FC-45-11:

 

27D Defence to Counterclaim
 DEFENCE TO COUNTERCLAIM (FORM 27D
October 26, 2011, DEFENCE TO COUNTERCLAIM (FORM 27D File by Plaintiff Andre Murray in response to Statement of Defence and Counterclaim filed by Defendant Neil Rodgers and Defendant Trina Rodgers. Court file FC-45-11


27L Demand for Particulars
DEMAND FOR PARTICULARS (FORM 27L)
October 27, 2011, DEMAND FOR PARTICULARS (FORM27L) Filed by Plaintiff Andre Murray on Defendant Neil Rodgers and Defendant Trina Rodgers. Court file FC-45-11:





Miscellaneous documents:

October 21, 2011, Letter from Leanne Murray, of McINNES COOPER, Solicitor representing Defendant The City of Fredericton / The Fredericton Police Force, regarding Notice of Intent to Defend (Form 27A). Court file FC-45-11: 

October 25, 2011, Letter from Leanne Murray, of McINNES COOPER, Solicitor representing Defendant Constable Patrick Small of the FREDERICTON POLICE FORCE, regarding Notice of Intent to Defend (Form 27A). Court file FC-45-11:   

October 26, 2011, Client Services Receipt for filing Defense to Counter Claim. Court file FC-45-11: 

October 26, 2011, Letter from Leanne Murray, of McINNES COOPER, Solicitor representing Defendant Sergeant Myers of the FREDERICTON POLICE FORCE, regarding Notice of Intent to Defend (Form 27A). Court file FC-45-11:


  November 9, 2011, Affidavit of Documents Form 31A. Court file FC-45-11:

November 22, 2011, NOTICE REQUIRING AFFIDAVIT OF DOCUMENTS (FORM 31A) to Defendant Neil Rodgers. Court file FC-45-11

November 22, 2011, NOTICE REQUIRING AFFIDAVIT OF DOCUMENTS (FORM 31A) to Defendant Trina Rodgers. Court file FC-45-11:

November 22, 2011, NOTICE REQUIRING AFFIDAVIT OF DOCUMENTS (FORM 31A) to Leanne Murray for THE CITY OF FREDERICTON and others. Court file FC-45-11:

November 22, 2011, NOTICE TO PRODUCE INSURANCE POLICY (RULE 31.02) to Defendant Neil Rodgers. Court file FC-45-11:

November 22, 2011, NOTICE TO PRODUCE INSURANCE POLICY (RULE 31.02) to Defendant Trina Rodgers. Court file FC-45-11:

November 22, 2011, NOTICE TO PRODUCE INSURANCE POLICY (RULE 31.02) to Leanne Murray for THE CITY OF FREDERICTON and others. Court file FC-45-11:


December 2, 2011, Affidavit of Service upon the Defendants of various Court documents.   Filed by Andre Murray (Plaintiff), to be used as a procedural requirement in moving forward to Trial. Court file FC-45-11


========================================================= 

MOTIONS

Motions – in the Order they are filed 

Motion 1
(1) Motion 1, Dated October 3, 2011: filed by: Plaintiff Andre Murray
Motion/Affidavit Preparation documents



Affidavits in support
October 3, 2011, Affidavit of Andre Murray, supporting NOTICE OF MOTION (FORM 37A) for Joinder of parties (Defendants) and claims filed by Plaintiff Andre Murray. Court file FC-45-11:


Affidavit Response to Motion

Record on Motion
October 3, 2011, RECORD ON MOTION for hearing of a Motion for Joinder of parties and claims filed by Plaintiff Andre Murray. Court file FC-45-11: 

Brief / Submission
Brief - Filed by Plaintiff Andre Murray
January 17, 2012, Pre-Hearing Brief to be used for October 3, 2011 Motion for Joinder of Claims and Parties. Court file: FC-45-11:


Motion 2
(2) Motion 2, Dated…, filed by: THE CITY OF FREDERICTON
Motion/Affidavit Preparation documents

Motion

January 19, 2012, Notice of Motion (first filed by City)Amended Notice of Motion (Court stamped) Court file FC-45-11: IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK, TRIAL DIVISION, JUDICIAL DISTRICT OF FREDERICTON.




Affidavit Response to Motion

Record on Motion

Brief / Submission
Submission
Brief

Plaintiff's Brief

Joint Brief Opposing 3 Defendants Motions. Court file FC-45-11:  

Misc – research notes and further notes

Motion 3
(3) Motion 1, Dated…, filed by:
Motion/Affidavit Preparation documents



Affidavits in support


Affidavit Response to Motion
November 30, 2011, Affidavit C of Andre Murray responding to Motion 2 filed by the City of Fredericton. Court file FC-45-11:

Record on Motion

Brief / Submission
Submission
Brief

Plaintiff's Brief

Joint Brief Opposing 3 Defendants Motions. Court file FC-45-11:  

Misc – research notes and further notes 

Motion 4
(4) Motion 1, Dated…, filed by:
Motion/Affidavit Preparation documents

Motion


Affidavits in support

December 6, 2011, Affidavit of Trina Rodger, supporting Motion for Striking Claims. Court File Number: FC/45/11,


Affidavit Response to Motion

Record on Motion

Brief / Submission
Submission

Misc – research notes and further notes 

January 26, 2012, CD release receipt of Court audio for Hearing of January 19, 2012. Court file FC-45-11: IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK, TRIAL DIVISION, JUDICIAL DISTRICT OF FREDERICTON. Court File Number: FC/45/11,


Decisions/Orders



 Motion 5
(5) Motion 1, Dated…, filed by:
Motion/Affidavit Preparation documents

Motion


Affidavits in support


Affidavit Response to Motion

Record on Motion
March 7, 2012, RECORD on MOTION for Hearing of Cost Motion regarding Trina Rodgers. Court file FC-45-11:

RECORD ON MOTION
INDEX
For NOTICE OF MOTION
Filed by Plaintiff ANDRE MURRAY
Scheduled to be heard on the 12th day of March 2012, at 4:00 p.m.
 ____________________________________________________________________

TAB

1: Affidavit of Service of Andre Murray; Dated March 6, 2012

A: AMENDED NOTICE OF MOTION (FORM 37A), Dated February 27, 2012;

B: NOTICE OF MOTION (FORM 37A), Dated February 12, 2012;

C: Affidavit of Andre Murray; Dated February 10, 2012.

D: Affidavit of Shane Henry; Dated February 7, 2012

E: Affidavit of Mary Patricia Elizabeth Eaton; Dated February 10, 2012.

2: Affidavit of Trina Rodgers; Dated March 5, 2012.

F: Exhibit A - Affidavit 1 of Andre Murray; Dated October 3, 2011.

G: Exhibit B - Affidavit A of Andre Murray; Dated January 9, 2012.

H: Exhibit C - Amended Notice of Motion; Dated February 27, 2012;

I: Exhibit D - Affidavit of Andre Murray; Dated February 10, 2012

J: Exhibit E - Internet Print Out

K: Exhibit F - Envelops sent to Defendants

Brief / Submission
Submission

Misc – research notes and further notes

March 6, 2012, Affidavit of Service, of Andre Murray for Service upon Trina Rodgers of Court documents related to Motion for Cost. Court file FC-45-11: 


Decisions/Orders

Motion 5 Decision, March 12, 2012, Decision of Madame Justice Judy Clendening, regarding Motion for Costs against Defendant Trina Rodgers for vexatious conduct of evasion of service et al. Court file FC-45-11:

Motion 6
(6) Motion 1, Dated…, filed by:
Motion/Affidavit Preparation documents 
April 13, 2012, Motion for Costs against vexatious litigant Defendant Neil Rodgers for evasion of service et al. Motion, denied perplexingly without a hearing,  deemed res Judicata by Madame Justice Judy Clendening in chambers. Motion initialed by Craig Careleton Clerk of the Court of Queen's Bench Trial Division. Court file FC-45-11: 

Motion

 
Affidavits in support


Affidavit Response to Motion
none

Record on Motion
none

Brief / Submission
none

Misc – research notes and further notes 



Decision 
April 13, 2012, Cover Letter to Clerk of Court Craig Carleton regarding Motion and supporting Affidavits, for Orders of Costs against vexatious litigant Neil Rodgers. Court decision to refuse Motion is scribbled top left hand corner. Court file FC-45-11:


Leave to Appeal

Unsatisfied with this Draconian Court order of Madame Justice Judy Clendening Dated ______, Plaintiff Andre Murray filed a Motion for Leave to Appeal (for 62A) to the Court of Appeal of New Brunswick, Court of Appeal File Number:



File continues:
Motion 7
(7) Motion 7 Security for Costs: Dated December 14, 2012; Filed by Self Represented Applicant Andre Murray:

Motion/Affidavit Preparation documents
Motion
June 18, 2012, Notice of Motion Form 37A,  filed by Leanne Murray of McINNES COOPER, Fredericton, Solicitor for The City of Fredericton and others. The City of Fredericton's and other (Defendants) Motion for security of Costs scheduled September 10, 2012.


Affidavit in support:
June 18, 2012, Affidavit of Nancy Day filed by The City of Fredericton to be used for a Motion for security of Costs scheduled September 10, 2012. Court file FC-45-11:

Affidavit in response:
September 6, 2012, Affidavit response, filed by Andre Murray (Plaintiff), to be used on Motion for security of Costs (filed by THE CITY OF FREDERICTON et al.) scheduled September 10, 2012.


Record on Motion

Brief / Submission

Brief filed by Applicant:
September 7, 2012, Brief filed by Leanne Murray of McINNES COOPER, Fredericton, Solicitor for The City of Fredericton to be used for a Motion for security of Costs scheduled September 10, 2012. 

Brief filed by Respondent:
September 6, 2012, Brief filed by Andre Murray (Plaintiff), to be used for a Motion for security of Costs scheduled September 10, 2012. Court file FC-45-11: IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK, TRIAL DIVISION, JUDICIAL DISTRICT OF FREDERICTON.




Miscellaneous documents:
September 6, 2012, Affidavit of Service for Documents filed by Andre Murray (Plaintiff), to be used for a Motion for security of Costs scheduled September 10, 2012. Court file FC-45-11: 

August 24, 2012, Affidavit from Neil Rogers which was struck from record, which was attempted to be used for a Motion for security of Costs scheduled September 10, 2012.

September 6, 2012, Cover letter to THE CITY OF FREDERICTON Regarding Affidavit and Pre-Hearing Brief, filed by Andre Murray (Plaintiff), to be used for a Motion for security of Costs scheduled September 10, 2012.

September 6, 2012, Cover letter to Craig Carleton, Clerk of the Court, Fredericton New Brunswick, Regarding Affidavit of Service of relevant Response Affidavit and Pre-Hearing Brief filed by Andre Murray (Plaintiff), to be used for a Motion for security of Costs scheduled September 10, 2012.

August 21, 2012, Affidavit of Service by Joseph Spencer. Documents served upon Andre Murray (Plaintiff), which were to be used for a Motion for security of Costs scheduled September 10, 2012.



Decisions/Orders

September 10, 2012, Judicial decision of Madame Justice Judy Clendening, granting Order for Security of Costs. Certified by Anne Reid of Client Services, Court of Queen's Bench, Fredericton.




Leave to Appeal

Unsatisfied with this Draconian Court order of Madame Justice Judy Clendening Dated September 10, 2012, Plaintiff Andre Murray filed a Motion for Leave to Appeal (for 62A) to the Court of Appeal of New Brunswick, Court of Appeal File Number: 132-12-CA.




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