Court of Appeal File Number: 142 -11- CA

(Court File Number: M/C/0642/09)

IN THE COURT OF APPEAL OF NEW BRUNSWICK
BETWEEN:
ANDRE MURRAY
INTENDED APPELLANT (Defendant)
-andROYAL BANK OF CANADA & 501376 N.B.
Ltd., a body corporate,
INTENDED RESPONDENT (Plaintiffs)

Record on Motion
ADDENDUM
BOOK 2
Filed by self represented
INTENDED APPELLANT ANDRE MURRAY

Intended Appellant
(The Defendant)
Self Represented
Andre Murray
31 Marshall Street,
Fredericton, New Brunswick,
E3A 4J8
Telephone Number:
E-mail address:
andremurraynow@
gmail.com

Intended Respondent
(The Plaintiffs)
George LeBlanc Solicitor of Record for
ROYAL BANK OF CANADA &
501376 N.B. Ltd., a body corporate
Name of solicitors firm: Cox & Palmer,
Address for service: Blue Cross Centre,
Suite 502, 644 Rue Main Street,
Moncton NB E1C 1E2
E-mail address: gleblanc@
coxandpalmer.com
Telephone number: Main 506 856 9800
Telephone number: Direct 506 382 4529
Fax 506 856 8150
Web coxandpalmer.com

Record on Motion
Filed by self represented
INTENDED APPELLANT
ANDRE MURRAY
62.03 Leave to Appeal
Amended Record on a Motion
Index

Page
62.03 (3) The record on a motion under paragraph (1) shall consist of
(a) an index_____________________________________________________ i
(b) a copy of the notice of motion,
Notice of Motion for Leave to Appeal (Form 62A) Date October 24,
2011,
Filed by Intended Appellant Andre Murray. ____________________1
(c) a copy of the order or decision sought to be appealed,
Decision on five Motions of The Honourable Justice Zol R. Dionne
Dated October 21, 2011. ____________________________________8
(d) a copy of the pleadings, if any, and
Notice of Action with Statement of Claim Attached Date 17th day of
September 2009 _________________________________________47
Statement of Defence Dated 23rd day of November______________52
3 Demand for Particulars __________________________________56
3 Statements of Particulars _________________________________63
Reply Dated 25th day of November 2010______________________69
(e) a copy of any affidavits or other evidence relevant to the appeal.
Affidavit of Andre Murray Dated 24th of October 2011__________72
Affidavit of Andre Murray Dated 28th of October 2011__________81

First Motion Filed February 25, 2011 501376 N.B. Ltd., seeks
permission to withdraw from the Action.
Plaintiffs Motion Filed February 25, 2011_____________________127
Affidavit of Richard McGuigan Dated 24th day of February_______129
2011 having attached exhibits A through to I
Second Motion Filed January 25, 2011 Royal Bank seeks to have
struck, parts of the Defendants Affidavits.
Plaintiffs Motion Filed January 25, 2011______________________165
Affidavit of George H. LeBlanc Dated January 25, 2011 having
attached exhibits A through Q___________________________288

Third Motion - Defendants Motion Filed November 16, 2009

Defendant seeks an Order rescinding the Court Order of
October 20, 2009 and other relief.
Rescinding Orders Motion Dated 9th day of September 2010._________288
Copy of Affidavit of Andre Murray dated the 16th day of November,
2009._____________________________________________________297
- Exhibit A - Form 6 Standard Form of lease______________________310
- Exhibit B- Continuing Power of Attorney_______________________315
- Exhibit C- Revocation of Power of Attorney____________________ 316
- Exhibit D- Receipts for rental deposits to Betty Rose
Danielskis RBC Bank Account____________________________ 318
- Exhibit E- Receipt totals Sept 1, 2005 February 18, ____________339
- Exhibit F- Residential Tenancies Act of New Brunswick
relevant Sections________________________________________341

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- Exhibit G- E-mail from George Leblanc to Andre Murray,

sent July 23, 2009 ________________________________________343
- Exhibit H- E- mail from Andre Murray to George Leblanc,
sent Aug 4, 2009 ________________________________________345
- Exhibit I - E-mail from George Leblanc to Andre Murray,
sent July 29, 2009 _______________________________________347
- Exhibit J- Damaged Package received by Andre Murray
by mail _______________________________________________349
- Exhibit K- Damaged first document page of package contents
contained in the Package received by Andre Murray by mail _____351
- Exhibit L- E-mail from George Leblanc to Andre Murray,
sent October 26,2009 ____________________________________352
Copy of Affidavit of Andre Murray dated the 29th day of
November, 2010._______________________________________409
Copy of Affidavit of Andre Murray dated the 4th day of
December, 2009._______________________________________432
- Exhibit M- Rules of Court__________________________________438
- Exhibit N- Copy of the Court Order dated
October 20, 2009. _______________________________________440
- Exhibit O- Copy of the Affidavit of Service of
Dave Daneliuk, dated October 14, 2009______________________441
Copy of Affidavit of Betty Rose Danielski dated the 2nd day of
September, 2009.________________________________________452
Exhibit A Form A-13 Deed Standard forms of conveyance
James E Lewis Grantor to Betty Rose Danielski the Grantee.______455
Exhibit B Copy of Mortgage dated October 26th, 2000_________461

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 Exhibit C Form 2 Claim For Lien by Andre Murray___________472

Copy of Affidavit of Hugh J. Cameron dated the 4th day of
December, 2009._______________________________________ 476
- Exhibit D Copy of Executed Bidding papers _________________492
Exhibit E Copy of Letter dated July 17th, 2009________________496
Exhibit F Copy of E-mail dated July 20th , 2009_______________497
Exhibit G Copy of e-mail to Andre Murray
dated July 20th, 2009_____________________________________498
- Exhibit I Copy of e-mail to Andre Murray
dated July 20th, 2009________________________________________500
Exhibit J Copy of e-mail to Andre Murray
dated July 23rd, 2009_______________________________________501
Exhibit K Copy of e-mail from Andre Murray
dated July 23rd, 2009_______________________________________502
Exhibit L Copy of e-mail from Andre Murray
dated July 23rd, 2009_______________________________________504
Exhibit M Copy of e-mail to Andre Murray
dated July 23rd, 2009_______________________________________505
Exhibit N Copy of e-mail to Andre Murray
dated July 23rd, 2009____________________________________506
Exhibit O Copy of e-mail from Andre Murray
dated July 23rd, 2009____________________________________507
Exhibit P Copy of e-mail to Andre Murray __________________509
Exhibit Q Copy of e-mail to Andre Murray __________________510
Copy of Affidavit of Julie Ruggiero dated the 9th day of September,

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2009._________________________________________________511
Exhibit A Copy of the Form A 13 Standard Forms of
Conveyance_______________________________________________515
Exhibit B Copy of the Royal Bank Mortgage dated October 26,
2000_____________________________________________________518
Exhibit C Copy of the Claim for Lien _______________________523
- Exhibit D Copy of the Notice of Sale_________________________528
- Exhibit E Copy of letter to Betty Danielski date, July 5th, 2009.____529
Exhibit F Copy of letter to Andre Murray date June 5th, 2009_____530
Exhibit G Copy of the Certificate of Sale_____________________532
Exhibit H Copy of the Bidding Papers & Terms of Sale_________533
Exhibit I Copy of an Affidavit of Service re: Service of
Notice to Vacate _____________________________________535
Exhibit J Copy of an e-mail to Andre Murray confirming
extension to vacate the premises_________________538
Exhibit K Copy of an e-mail to Andre Murray requesting
confirmation to
vacate._____________________________________539
Exhibit L Copy of an e-mail to Andre Murray requiring to
vacate the
property.___________________________________________541
Exhibit M Copy of an e-mail from Andre Murray
August 4,
2009.______________________________________________544
Exhibit N Copy of an e-mail from George LeBlanc dated
August 11th, 2009.____________________________________545

 Exhibit O Copy of an e-mail from Andreen Tranchell,

property Manager for RBC August 4, 2009.________________547
Copy of Affidavit of Dave Daneliuk dated the 14th day of October,
2009.____________________________________________________544
- Exhibit A Copy of Notice of action dated September 17, 2009. __450
- Exhibit B Copy of Notice of Motion and supporting Affidavits___548
Copy of Affidavit Andre Murray dated Jan 8th, 2010.______________550
- Exhibit P Copy of Appeal Court Justice Richard Bells
Decision dated Dec 8th , 2009. ( Dates of hearing Nov 9th, 2009
and Nov 12th, 2009)_______________________________________552
- Exhibit Q Copy of the Affidavit of Service of Dave Daneliuk
Dated October 14th, 2009 and date stamped by Queens Bench, Trial
Division of Moncton Client Services File Dated October 16th, 2009___553
- Exhibit R Copy of the cover letter for the Pre-Hearing Brief of the
Notice of Motion heard Oct 20th, 2009 and addressed to the Clerk of the
Court from George LeBlanc Court of Queens Bench, Trial Division of
Moncton Client Services File Dated October 16th, 2009_____________554
- Exhibit S - Copy of pages 7 to 12 from the Pre-Hearing Brief heard
Oct 20th, 2009 from George LeBlanc, solicitor for Royal Bank of Canada
Court of Queens Bench, Trial Division of Moncton Client Services File
Dated October 16th, 2009_____________________________________560
- Exhibit T - Copy of the cover letter for the Amended Notice of Motion
previously scheduled to be heard Oct 20th, 2009, addressed to the Clerk of
the Court from George LeBlanc Court of Queens Bench, Trial Division of
Moncton Client Services File Dated, October 15th, 2009. ___________561
- Exhibit U- Copy of the first page of the Amended Notice of Motion
scheduled to be heard Oct 20th, 2009 addressed to Andre Murray from
George LeBlanc Court of Queens Bench, Trial Division of Moncton Client

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Services File Dated October 15th, 2009. ________________________562

- Exhibit V -Copy of the affidavit of the Hugh Cameron, Solicitor for the
Plaintiff 501376 N.B. Ltd., a body corporate Court of Queens Bench, Trial
Division of Moncton Client Services File Dated October 19th, 2009. _562
- Exhibit W Copy of the envelope which contained a hand written
letter addressed and mailed to Andre Murray at 29 Marshall Street
Fredericton, New Brunswick from Landlord Betty Danielski. ______564
- Exhibit X - Copy of a hand written letter addressed and mailed to
Andre Murray at 29 Marshall Street Fredericton, New Brunswick
from Landlord Betty Danielski, Dated April 1st, 2009. ___________565

- Exhibit Y - Copy of a Phone Bill addressed to Andre Murray at

29 Marshall Street, Dated October 31st, 2009. ___________________566
- Exhibit Z - Copy of a Power Bill addressed to Andre Murray for
service at 29 Marshall Street, Dated Aug 19th, 2009. _____________567
- Exhibit AA - Copy of a Power Bill addressed to Andre Murray for
service at 31 Marshall Street, Dated Aug 19th, 2009. ______________568
- Exhibit BB - Certified Copy of a print out of the Property
Information Report from Service New Brunswick, Land Titles office
Fredericton New Brunswick, Dated Jan 8th, 2010. ________________570
Exhibit CC- Copy of the Tenants Insurance Policy for 29/ 31
Marshall Street, Fredericton, New Brunswick, in the name of
Andre Murray which has coverage to the owners of the property up
to 1 million dollars for fire and liability insurance, Dated Jan 8th,
2010.___________________________________________________ 574
Copy of Affidavit Andre Murray dated March 12, 2010.__________576
- EXHIBIT DD - Copy of Cover Letter from Canadian
Process Serving Inc._______________________________________584

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- EXHIBIT EE Copy of Invoice from Canadian Process Serving Inc.

page 1__________________________________________________ 585
- EXHIBIT FF Copy of Invoice from Canadian Process Serving Inc.
page 2_________________________________________________ 586
- EXHIBIT GG - Copy of Affidavit of Service by George Mallai,
process Server of the City of Toronto, in the Province of Ontario, from
Canadian Process Serving Inc. ________________________________587
- EXHIBIT HH - Photograph taken from the gated entrance of
29 and 31 Marshall Street Building illustrating the two visible
address number on the building. 31 Marshall Street to the left and
29 Marshall Street to the right. Also in the same photograph we can
see that a package left at the base of the 31 Marshall Street door
would not be visible to someone entering through the gate, because
of the recessed position of the doorway. _________________________588
- EXHIBIT II Copy of Photograph of the 29 Marshall street
number to the right of the Sun Room Door illustrating the how
visible the address number is on the building-_____________________589
- EXHIBIT JJ- . Copy of Photograph of a close up of the 31
Marshall street number to the left of the alcove entrance Door
illustrating the how visible the 31 address number is on the building,
to any approaching persons. __________________________________590
- EXHIBIT KK - Photograph of the 31 Marshall street number
to the left of the alcove Entrance Door illustrating the how visible
the 31 address number is, on the building. _______________________591
- EXHIBIT LL Copy of Photograph of the fenced in gated entrance
to the back yard of the 29 and 31 Marshall Street Property.
The property mail box for both 20 and 31 Marshall Street is on
the other side of the gate Door. ________________________________592
- EXHIBIT MM. Copy of Photograph of the 29 and 31 Marshall
Street Property building center point. We can see what appears to be two
fazes of construction, faze one would be the 31 Marshall Street building
and faze two would be the addition of the 29 Marshall Street section,

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which was common at the time of construction. __________________593

- EXHIBIT NN. Copy of Photograph 1 of the internal Dividing door
which separates 31 Marshall Street from 29 Marshall inside the building
_________________________________________________________594
- EXHIBIT OO Copy of Photograph 2 of the internal Dividing
door which separates 31 Marshall Street from 29 Marshall inside the
building.__________________________________________________595
- EXHIBIT PP Copy of Photograph of the internal Dividing door
which separates 31 Marshall Street from 29 Marshall inside the building.
This is a close up of the door know to illustrate that this door is a heavy,
pre hung external security type door with a locking door knob mechanism.
The Key insertion side is on the 29 Marshall Street side and the door knob
locking mechanism is on the 31 Marshall Street side. ______________596
- EXHIBIT QQ . Copy of Photograph of the internal Dividing door
which separates 31 Marshall Street from 29 Marshall inside the building.
This picture illustrates the floor section of the door which reveals the
metal stepping plate construction. _____________________________597
- EXHIBIT RR Copy of the City Fredericton, New Brunswick
Zoning map, illustrating the registered civic address of 29 Marshall
Street and 31Marshall Street with the City. _____________________598
- EXHIBIT SS - Copy of Koodo phone sales receipt dated
November 7, 2009 ________________________________________599
.
- EXHIBIT TT Copy of a Photograph of Civic address 31
Marshall Street and 29 Marshall Street.________________________600
- EXHIBIT UU Copy of a Photograph of Civic address 31
Marshall Street and 29 Marshall Street.________________________601
- AFFIDAVIT of Andre Murray dated September 9,
2010____________________________________________________390
EXHIBIT V V - proof of delivery for package tracking number
867455067319_______________________________396

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EXHIBIT X X - a copy of the package #1 label ________________397

EXHIBIT Y Y - a copy of the package #2 label________________398
EXHIBIT Z Z - a copy of e-mail sent by Danah Smith
providing shipment Tracking number
867455067341_______________________________399
EXHIBIT AAA Edwin Ehrhardts Affidavit of Service
sworn to March 17, 2010______________________400
EXHIBIT BBB - the shipping information on the FedEx
website for Tracking number 867455067341_______401
EXHIBIT CCC - shipping results by Federal Express
Canada Ltd, Delivery information Signature. The
Signer of the package was B. Parker._____________402
EXHIBIT DDD - Federal Express Canada Ltd print out
which clearly indicated that the subject package was
left at 27 Marshall Street, a residence and signed fore
by B. Parker._______________________________403
EXHIBIT EEE - a copy of the shippers label waybill for
FedEx Package Tracking number 867455067341___404
EXHIBIT FFF a copy of a faxed a Federal Express Canada Ltd Letter
regarding the shipping information for package tracking
number
867455067341,______________________________405
EXHIBIT GGG - A copy of the Letter to the Clerk of the
Court Anne M. Richard Dated September 17, 2009,
signed by Solicitor George H. LeBlanc___________407
Affidavit of Hugh J. Cameron sworn to January 13, 2010 ____________476
Affidavit of George LeBlanc sworn to January 13, 2010______________603

Exhibit A - Notice of Motion for Leave to Appeal filed by

Andr Murray___________________________________ 613
Exhibit B - Affidavit of Andr Murray dated October 27, 2009___628
Exhibit C - Decision of Mr. Justice Richard Bell dated
December 3,2009__________________________________631
Exhibit D - Letter dated September 17, 2009 from Cox & Palmer
to the Clerk______________________________________634
Exhibit E - Letter dated October 6, 2009 from Cox & Palmer
to Atlantic Document Service Ltd. ________________________ 636
Exhibit F - Affidavit of Service of Hugh Cameron sworn July
20, 2009 with attached Order to Vacate addressed to Andr
Murray_______________________________________________ 637
Exhibit G - Affidavit of Service and Affidavit of David Daneliuk
sworn October 14, 2009__________________________________640
Exhibit H - Email dated October 16, 2009 from George LeBlanc to
Jhon Smith (Andr Murray)__________________________ 644
Exhibit I - Email dated October 20, 2009 from Jhon Smith
(Andr Murray) to George LeBlanc _________________________645
Exhibit J - Letter dated June 5, 2009 from Cox & Palmer to
Andr Murray __________________________________________645
Exhibit K - Claim for Lien registered April 16, 2009 as # 27035311_649
Exhibit L - Canada Post Track Detail - item refused _____________650
Exhibit M - Copy of envelope addressed to Andr Murray
marked item unclaimed___________________________________651
Exhibit N - Email dated July 23, 2009 from George LeBlanc to Jhon
Smith (Andr Murray)_____________________________________652

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Exhibit O - Email dated July 27, 2009 from George LeBlanc to Jhon
Smith (Andr Murray) ____________________________________653
Exhibit P - Email dated July 29, 2009 from George LeBlanc to
Jhon Smith (Andr Murray)________________________________654
Exhibit Q - Email dated August 4, 2009 from Jhon Smith
(Andr Murray) to George LeBlanc_________________________660
Exhibit R - Email dated August 11, 2009 from George LeBlanc
to Jhon Smith (Andr Murray)_____________________________661
Exhibit S - Affidavit of Matthew Hiltz sworn November 6, 2009 __663
Exhibit T - Email dated December 10, 2009 from Candy LeBlanc
to George LeBlanc ______________________________________678
Exhibit U - Email dated December 10, 2009 from George LeBlanc
to Andree Tranchell______________________________________679
Exhibit V - Email dated January 4, 2010 from Andree Tranchell to
Candy LeBlanc__________________________________________681
Exhibit W - Email dated December 11, 2009 from Peter Atkinson to
George LeBlanc Affidavit of George LeBlanc filed
March 16, 2010__________________________________________682
Exhibit A - Transcript of hearing on October 20, 2009___________684
Exhibit B - Amended Notice of Motion dated October 14, 2009___688
Exhibit C - Affidavit of Service of David Daneliuk sworn to October
14, 2009________________________________________________698
Exhibit D - Affidavit of Attempted Service dated October 14, 2009_701
Exhibit E - Index from Record on Motion_____________________702
Affidavit of David A Daneliuk sworn to March 12, 2010________1333

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Affidavit of Andre Murray 14th day of March 2011______________428

Affidavit of Andre Murray November 19, 2010_________________363
Affidavit of Andre Murray 14th day of March 2011______________429
Affidavit of Andre Murray 28th day of March 2011______________384
Affidavit of Andre Murray 29th day of November 2011___________409
Affidavit of Andre Murray 29th day of November 2011___________363
Affidavit of Andre Murray 28th day of March 2011______________430

Fourth Motion Plaintiffs Motion Amended March 17, 2010 Rank of

Priority of Possession of the premises between Mortgagee and Tenant.
Amended Motion Dated 17th of March 2010 __________________708
Copy of Affidavit of Andre Murray dated the 22nd day of
March, 2010. _________________________________________769
Copy of Affidavit of Andre Murray dated the 18th day of
March, 2010.
_______________________________________ 787
Affidavit of Julie Ruggiero Dated 11th day of February, 2010 ____795
Exhibit A - Deed dated October 24, 2000 whereby Betty Rose Danielski
became the owner of 29-31 Marshall Street, Fredericton, NB __________796
Exhibit B - Mortgage from Danielski to Royal Bank of Canada dated October
26, 2000
_______________________________________________802
Exhibit C - Claim for Lien by Andr Murray against the property registered
April 16, 2009________________________________________________813
Exhibit D - Notice of Mortgage Sale issued by the Royal Bank of Canada on
June 3, 2009
_____________________________________________817

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Exhibit E - Letter June 5, 2009 with attached Notice of Mortgage Sale

forwarded to Andr Murray ____________________________________818
Exhibit F - Canada Post Tracking Report__________________________821
Exhibit G - Copy of the returned envelope marked unclaimed_________822
Exhibit H - Certificate of Sale by auctioneer dated July 16, 2009________823
Exhibit I - Bidding Papers and Terms of Sale _______________________824
Exhibit J - Letter dated June 16, 2009 from Ms. Danielski to George
LeBlanc______________________________________________________825
Exhibit K - Affidavit of Service of Hugh Cameron dated July 20, 2009 with
Notice to Vacate ______________________________________________828
Exhibit L - Email from George LeBlanc to Andr Murray______________831
Exhibit M - Email from George LeBlanc to Andr Murray on July 27,
2009_________________________________________________________832
Exhibit N - Email from George LeBlanc to Andr Murray on July 29,
2009________________________________________________________ 833
Exhibit O - Email from Andr Murray to George LeBlanc on August 4,
2009_________________________________________________________836
Exhibit P - Email from George LeBlanc to Andr Murray on August 11,
2009_________________________________________________________837
Exhibit Q - Affidavit of Betty Rose Danielski dated September 2, 2009___839
Exhibit R - Order of Court of Queen's Bench of New Brunswick_________842
Exhibit S - Decision of the Court of Appeal dated December 8, 2009_____843
Exhibit T - Lease between Ms. Danielski and Andr Murray____________845
Exhibit U - Power of Attorney from Ms. Danielski to Richard Boileau____850

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Exhibit V - Affidavit Verifying Claim and Statement of Claim__________851

Exhibit W - Series of photographs taken on behalf of Royal Bank of
Canada______________________________________________________856
Affidavit of Betty Rose Danielski Dated 25th day of February, 2010______857
Exhibit A - Deed to 29 - 31 Marshall Street, Fredericton, registered in the
York County Registry Office on October 31, 2000____________________866
Exhibit B - Mortgage to Royal Bank of Canada registered in the York
County Registry Office on October 31, 2000________________________872
Exhibit C - Email from Mr. MacGregor on June 14, 2007 to Ms. Danielski_883
Exhibit D - Email from Mr. MacGregor on June 11, 2007 to Ms. Danielski_885
Exhibit E - Email Mr. Mr. MacGregor on December 23, 2008 to
Ms. Danielski_________________________________________________887
Exhibit F - Email dated February 24, 2008 from Andr Murray to
Monica. ____________________________________________________ 889
Exhibit G - Copy of City of Fredericton shut off notice._____________891
Exhibit H - Copy of New Brunswick Power bill for 31 Marshall Street.__892
Exhibit I - Copy of New Brunswick Power bill for 29 Marshall Street.___893
Exhibit J - Copies of Bell aliant bills._____________________________894
Exhibit K - Letter in April, 2009 from Ms. Danielski to Craig MacGregor
and Andr Murray____________________________________________898
Exhibit L - Reply from Mr. MacGregor to Ms. Danielski dated April 13,
2009________________________________________________________899
Exhibit M - Letter from Ms. Danielski to George LeBlanc. _____________901

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Exhibit N - Notice of Action with Statement of Claim Attached to

Betty Rose Danielski issued April 21, 2009 _______________________902
Affidavit of Gino Duguay Dated 25th day of February, 2010___________916
Affidavit of Andreen Tranchell Dated 23rd day of February, 2010_______919
Exhibit A - Email dated December 10, 2009 from Andreen Tranchell
to Candy LeBlanc, administrative assistant to George LeBlanc ________920
Affidavit of Peter Atkinson Dated 3rd day of March, 2010____________924
Affidavit of Candy LeBlanc Dated 17th day of March, 2010___________926
Exhibit A - E-mail from George LeBlanc to Andre Murray dated
March 8, 2010 ______________________________________________928
Exhibit B - E-mail from Andre Murray to George LeBlanc dated
March 8, 2010_________________________________________________929
Exhibit C - E-mail from Andre Murray to George LeBlanc dated
March 10, 2010________________________________________________930
Exhibit D - E-mail from George LeBlanc to Andre Murray dated March 10,
2010_________________________________________________________933
Exhibit E - E-mail from George LeBlanc to Andre Murray dated March 15,
2010_________________________________________________________936
Exhibit F - E-mail from Andre Murray to George LeBlanc dated March 16,
2010_________________________________________________________939
Exhibit G - Copy of letter from George LeBlanc to Andr Murray dated
June 5, 2009__________________________________________________943
Exhibit H - Copy of Canada Post Tracking History printed 12/01/2010____846
Exhibit I - Copy of envelope stamped return to sender dated June 15,
2009_________________________________________________________947

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Exhibit J - Affidavit of Service sworn to by Hugh Cameron on July 20,

2009________________________________________________________ 948
Exhibit K - Affidavit of Service sworn to by David Daneliuk on
October 14, 2009______________________________________________949
Exhibit L - Affidavit of Dave Daneliuk sworn to on October 14, 2009____950
Affidavit of David A. Daneliuk Dated 17th day of March, 2010. ________953
Affidavit of Tommy Hass Dated 17th day of March, 2010._____________956
Affidavit of Neil Rogers, Dated February 23rd , 2011.________________712
Affidavit of Patricia Boudreau, Dated March 23, 2011. ______________ 714
Affidavit of Andre Murray dated February 4, 2011__________________1004
Affidavit of Andre Murray dated March 22, 2011___________________1032
Affidavit of Andre Murray dated February 4, 2011__________________1070
Affidavit of Andre Murray Dated March 18, 2011___________________1072

Fifth Motion - Plaintiffs Motion for Order validating the Notice of

Termination of Tenancy
Affidavit of Julie Ruggiero Dated 5th day of August, 2010_____________1085
Affidavit of David A. Daneliuk Dated 16th day of September, 2010._____1223
Affidavit of Tommy Haas Dated 16th day of September, 2010__________956
Affidavit of Betty Rose Danielski Dated 27th day of July, 2010_________1247
Affidavit of Gino Duguay Dated 8th day of September, 2010__________1380
Affidavit of Candy LeBlanc Dated 29th day of September, 2010________1313

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Affidavit of Neil Rogers, Dated February 23rd , 2011.________________1318

Affidavit of Patricia Boudreau, Dated March 25, 2011. _______________964
Affidavit of Andre Murray Dated February 4, 2011. _________________1013
Affidavit of Service Dated March 28. 2011. ________________________1034
Affidavit Dated March 28. 2011. _________________________________1080
Affidavit of Service Dated March 22, 2011. ________________________1031
Affidavit of Andre Murray Dated March 22, 2011. ___________________1070
Affidavit of Service Dated August 2, 2011. _________________________1072

ADDENDUM Record on Motion

Copy of Order Number 1 of Justice Zol R. Dionne Dated
the 28th day of October, 2011.___________________________1325
Copy of Order Number 2 of Justice Zol R. Dionne Dated
the 28th day of October, 2011.___________________________1326
Copy of Order Number 3 of Justice Zol R. Dionne Dated
the 28th day of October, 2011.___________________________1328
Copy of Order Number 4 of Justice Zol R. Dionne Dated
the 28th day of October, 2011.___________________________1329
Copy of Order Number 5 of Justice Zol R. Dionne Dated
the 28th day of October, 2011.___________________________1331
Copy of Affidavit of Dave Daneliuk Dated 12h day of
March, 2010.________________________________________1333
Copy of Access Order of Justice Zol R. Dionne Dated
the 23rd day of March, 2011.___________________________1332

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