Court File Number: FM/27/12 IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF FREDERICTON

BETWEEN: ANDRE MURRAY Applicant, -andROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, HON. MARIE- CLAUDE BLAIS Q.C., HON. ROBERT DOUGLAS NICHOLSON Respondents,

NOTICE OF MOTION (FORM 37A)

TO: Solicitor Denis G. Thriault Legal Services - Litigation Office of the Attorney General Phone : 506-444-5597 Fax : 506-453-3275 E-mail : denis.theriault@gnb.ca Solicitor representing THE HONOURABLE MARIECLAUDE BLAIS Q.C., Minister and Attorney General Centennial Building 670 King Street Fredericton, New Brunswick E3B 1G1 Canada Reception : (506) 462-5100 Fax : (506) 453-3651 Email : justice.comments@gnb.ca

DESTINATAIRE : (lintim susmentionn ou autre)

HON. ROBERT DOUGLAS NICHOLSON Minister of Justice and Attorney General of Canada 284 Wellington Street Ottawa, Ontario, K1A 0H8 Telephone: (613) 957-4222 Fax : (613) 954-0811 Email: mcu@justice.gc.ca George H. LeBlanc Cox and Palmer Solicitor for ROYAL BANK OF CANADA 644 Main Street, Suite 500, Moncton, New Brunswick E1C 1E2 Telephone: 506 856 9800 Fax 506 856 8150 Hugh J. Cameron Solicitor for the Respondent 501376 N.B. Ltd., a body corporate, Suite 600, Frederick Square, 77 Westmorland Street P.O. Box 730, Fredericton, NB, Canada, E3B 5B4 Telephone: 506.443.0120 Fax: 506.444.8974

Applicant (Andre Murray) will apply to the Court of Queens Bench of New Brunswick, Trial Division at the Justice Building, 427 Queen Street, Fredericton, NB, on the _____ day of ________ 2012 at _____ a.m. or p.m. for an order that:

Le demandeur (ou selon le cas) demandera la Cour . . . . . . . . . . . . . (lieu prcis) . . . . . . . . . . ., le . . . . . .20. . . . ., . . . . . h . . . . ., dordonner (indiquer lordonnance demande, les motifs discuter et les renvois aux dispositions lglislatives ou rgles qui seront invoques);

1. pursuant to Rule 1.03, 2.01, 2.02, 2.04 and 3.02 of the Rules of Court the Court, this court grants leave to accept theses documents and to abridge time required for Court Filing and Document Service upon the Respondents, of the Applicants following documents: a) Pre Hearing Brief Filed for consideration at the Hearing of a Notice of Application, scheduled to be heard December 17, 2012 regarding Constitutional issues and Charter Challenge, subject Notice of Application Form 16D, Dated May 31, 2012; b) RECORD ON MOTION to be used at the Hearing of a Notice of Application, scheduled to be heard December 17, 2012, regarding Constitutional issues and Charter Challenge, subject Notice of Application Form 16D, Dated May 31, 2012; c) Applicants Brief, to be used in response to Motion, Dated July 3, 2012, filed by 501376 N.B. Ltd., a body corporate, to be heard December 17, 2012; d) Responding Affidavit of Andre Murray, Dated December 14, 2012, to be used in response to Motion, Dated July 3, 2012 filed by 501376 N.B. Ltd., a body corporate, to be heard December 17, 2012; e) Applicants Brief, to be used in response to Motion Dated July 5, 2012, filed by ROYAL BANK OF CANADA, to be heard December 17, 2012; f) Responding Affidavit of Andre Murray, Dated December 14, 2012, to be used in response to Motion Dated July 5, 2012, filed by ROYAL BANK OF CANADA, to be heard December 17, 2012; g) This subject Notice of Motion FORM 37A, for an abridgement of time and supporting Affidavit. 2. the Respondent in this matter pay costs of the within Motion; 3. such further and other relief that this Honorable Court may appear just;

The grounds to be argued / les motifs discuter 4. This Motion for an abridgement of time is necessitated, in light of Applicant Andre Murrays unfortunate circumstances, regarding computer hard drive failure, and consequential loss of entire data intended to be filed, for the upcoming hearing of Applicant Andre Murrays Charter Challenge Application, and material to be filed for two other scheduled Motions, one Motion filed by ROYAL BANK OF CANADA and a second Motion filed by 501376 N.B. Ltd, a body corporate. 5. Applicant Andre Murrays situation was further exacerbated by Applicant Andre Murrays deteriorating health, due to the persistent and worsening medical condition of anxiety and clinical depression as professionally diagnosed furthermore which is being treated by doctor prescription and therapy . 6. The court may at any time dispense with compliance with any rule, unless the rule expressly or impliedly provides otherwise. 7. A procedural error, including failure to comply with these rules or with the procedure prescribed by an Act for the conduct of a proceeding, shall be treated as an irregularity and shall not render the proceeding a nullity, and all necessary amendments shall be permitted or other relief granted at any stage in the proceeding, upon proper terms, to secure the just determination of the matters in dispute between the parties. In particular, the court shall not set aside any proceeding because it ought to have been commenced by an originating process other than the one employed. 8. Applicant respectfully asserts that that under these circumstances, the balance of convenience favors the granting of the relief sought,

Upon the hearing of the motion the following affidavits or other documentary evidence will be presented: 1. Affidavit of Andre Murray Dated December 14, 2012.

A laudition de la motion, les affidavits ou les autres preuves littrales suivantes seront prsentes: (numrer les preuves littrales qui seront utilises lors de laudition de la requte).