consulting the Applicant the Court unilaterally assigned a new scheduled hearing date for the hearing of the

subject matters as December 17, 2012. 3. December 13, 2012, the Applicant notified the Court of the

Applicants unfortunate debilitating computer hard drive malfunction, for the Courts information, the hard drive in a computer is the place where all the data is stored. When a hard drive malfunctions, data cannot be retrieved without removing the hard drive from a computer and sending it to an expert computer service person. 4. The Applicant responsibly notified the Court of the possibility and or

the appropriateness in this subject situation that an adjournment may be in the best interest of providing the time necessary for the Applicant to Manually reassemble his entire meritorious substantive materials 9ntended for submission on the hearing of the subject matter for the December 17, 2012 scheduled Hearing. 5. December 14, 2012, The Applicant in light of the computer hard

drive malfunction (thereby loss of all data) consequentially the Applicant filed a Motion for leave of the Court requiring an abridgment of time, that all materials necessary in respect of the Applicant Charter Challenge Application and response material to the Respondents two Motions as well as the final 3 documents provided to Client Services December 17, 2012, could be served that they may be considered by the Court on December 17, 2012. 6. The Applicant is reliably advised that the previously scheduled hearing

of an Application regarding Charter Challenge issues for July 13, 2012, was apparently adjourned because July 3, 2012, (an empty shelf company) 501376

N.B. Ltd., a body corporate., owned by Mecca Corporation of 211 Doak Road, Fredericton had filed a Motion including supporting Affidavits which are superfluous and voluminous, moreover, July 6, 2012 Royal Bank of Canada filed their Motion again supported by superfluous voluminous Affidavit; all ov this was occurring with the support of the Court to evidently change the scheduled hearing dates to accommodate the Respondents Motions time limitation restrictions according to the rules of Court would not have been served on time to collaterally attack the Applicants Charter Hearing originally scheduled July 13, 2012 . Both Motions were filed in violation of the Rules of Court. The effect of the Respondents filing, evidently resulted in the adjournment of the hearing of these subject matters to the adjusted date of December 17, 2012. Therefore, 501376 N.B. Ltd., a body corporate and Royal Bank of Canada were directly responsible for that Adjournment which is a regular tactical maneuver of theirs which they have employed to their convenience and to the Applicants detriment since year 2009. 7. The Applicant informed the Court that the Applicant would be relying

on written submissions (Rule 37.13 allows for this Pro re nata) rather than attending the scheduled hearing December 17, 2012, to accommodate, that the Hearing regarding the Charter Application and two vexatious Motions, could proceed as scheduled. Please Note had the original scheduled hearing date not been unilaterally canceled then unilaterally rescheduled by the Court the Aplicant on that subject original scheduled hearing date would have certainly never appeared and would certainly be relying on written submissions. 8. Attached hereto as Exhibit A is the December 13, 2102, email letter

sent to Craig Carleton, Clerk of the Court Fredericton, Notifying the Clerks office that I would be late in filing the subject Court document s essentially

because of computer hard drive failure, further advising that all data stored in the hard drive was not retrievable without a delay. 9. Attached hereto as Exhibit B is the second December 13, 2102 email

letter sent to Craig Carleton, Clerk of the Court Fredericton, Notifying the Clerks office that I would be late in filing the subject Court documents because of computer failure. 10. Attached hereto as Exhibit C is the Motion which was filed by

myself, for Leave of the Court and Abridgment of time for service Dated December 14, 2012. 11. Attached hereto as Exhibit D is the Affidavit Dated December 14,

2012 which accompanied the above noted Motion which was filed by myself, for Leave of the Court and Abridgment of time for service. 12. Attached hereto as Exhibit E is the December 17, 2012, email letter

sent to Craig Carleton, Clerk of the Court, Fredericton, Notifying the Clerks office that I would not be attending the December 17, 2012, Hearing at 9:30 AM, I will instead be relying on my written filed submissions. 13. Attached hereto as Exhibit F is the December 17, 2012, impugned

Order of the Court, under review. 14. Attached hereto as Exhibit G is the December 18, 2012, Daily

Gleaner Article commenting on the December 17, 2012, proceedings. 15. Attached hereto as Exhibit H is the December 17, 2012, delivery

Notice Slip by Courrier Service called: SA Deliveries which indicates Clerk of

Gmail - Murray v. RBC et. al. F/M/27/12

https://mail.google.com/mail/?ui=2&ik=cf2e19f1fb&view=pt&search=s...

moreover, since all possible respondents to this matter, are now advised, of this unfortunate hard drive failure event, my question to you as Clerk of the Court, what consideration are you prepared to allow, regarding my necessary filing of all substantive material submissions?

Please be advised I am prepared to work this entire day and this evening to piece together my notes which I hope will be sufficient to address the matter of a preliminary Affidavit, brief and record on Motion before end of day Friday.

In other words will you please be sincere in your reply as to is it your intention to impede or obstruct my now reasonably desperate attempts to provide substantive material submissions before the end of the day tomorrow December 14, 2012.

Furthermore, as time is of the essence, I require an answer from you, as to this question at your earliest convenience.

I am hereby thanking you in advance for what I hope will be a decent response, in light of my circumstances, I definitely require mercy.

Govern yourself accordingly

Sincerely without malice, aforethought, ill will, vexation, or frivolity .

_____________________

Andr Murray
Andre Murray

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Gmail - Murray v. RBC et. al. F/M/27/12

https://mail.google.com/mail/?ui=2&ik=cf2e19f1fb&view=pt&search=s...

103 Huntingdon Circle Fredericton New Brunswick E3B 0M1

andremurraynow@gmail.com
On Thu, Dec 13, 2012 at 10:36 AM, Carleton, Craig (JAG/JPG) <Craig.Carleton@gnb.ca> wrote: Mr. Murray,

Further to the attached email, any such request must be made at the hearing and if you have medical evidence of your condition, you should provide the original of same to the Court.

Craig J. Carleton, Q.C. Clerk-Court Administrator/Greffier-administrateur Judicial District of Fredericton/Circonscription judiciaire de Fredericton P.O. Box / C.P. 6000 E3B 5H1 Phone/Tlphone: (506) 453-8288 Fax/Tlcopieur: (506) 444-5675 Email/Courrier lectronique: Craig.Carleton@gnb.ca

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Gmail - Murray v. RBC et. al. F/M/27/12

https://mail.google.com/mail/?ui=2&ik=cf2e19f1fb&view=pt&search=s...

--

Sincerely without malice, aforethought, ill will, vexation, or frivolity .

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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).

4. Compounding the issues is my disabling medical predicament and deteriorating health. 5. I Andr Murray have been experiencing ill health for some time. I have been experiencing anxiety and depression. My symptoms include feelings such as: anxious, empty, hopeless, worried, helpless, worthless, guilty, irritable, restless and a constant sense of foreboding doom. 6. I have lost interest in activities that once were pleasurable; 7. I have experience loss of appetite, and I am losing weight. 8. I have problems concentrating, remembering details, or making decisions. 9. I am having difficulty communicating with others. 10. I have been experiencing Insomnia and alternatively excessive sleeping, fatigue, loss of energy, aches, pains and digestive problems that are resistant to treatment. 11. I Andr Murray July 17, 2012, because of health and other concerns, did as Grantor, appoint a Power of Attorney to oversee my legal affairs, if I become too ill to continue. 12. I Andr Murray have been seeing my doctor and been referred to expert medical doctors for some time, regarding my deteriorating mental health issues. 13. I Andr Murray August 2, 2012 did attend the Gibson Health Clinic, 231 Canada Street Fredericton New Brunswick to see Doctor Erin Tingley. A copy of the Visit confirmation Letter signed by Doctor Erin Tingley is attached hereto as exhibit A 14. I Andr Murray August 2, 2012 was prescribed, Celexa, by Doctor Erin Tingley, to treat my condition as diagnosed as depression and anxiety. A copy of the prescription is attached hereto as Exhibit B. 15. Celexa (citalopram) [SSRI] is most often used to treat depression; however, it is also used for a variety of heath issues, including Social Anxiety Disorder. It is part of the group of medications known as selective serotonin reuptake inhibitors (SSRIs), which are generally psychiatrists first choice prescription

drugs for Social Anxiety Disorder. SSRIs function in the body by regulating mood fluctuations by affecting serotonin levels in the brain. 16. Celexa may cause the following side effects : Constipation; decreased sexual desire or ability; diarrhea; dizziness; drowsiness; dry mouth; increased sweating; loss of appetite; nausea; stuffy nose; tiredness; weakness; yawning; bizarre behavior; chest pain; confusion; decreased concentration; decreased coordination; fainting; fast, slow, or irregular heartbeat; hallucinations; memory loss; new or worsening agitation, panic attacks, aggressiveness, impulsiveness, irritability, hostility, exaggerated feeling of well-being, restlessness, or inability to sit still; seizures; severe or persistent anxiety or trouble sleeping; severe or persistent headache or dizziness; shortness of breath; stomach pain; suicidal thoughts or attempts; tremor; unusual or severe mental or mood changes; unusual weakness; vision changes; worsening of depression. 17. I Andr Murray August 30, 2012, did attend the Gibson Health Clinic, 231 Canada Street Fredericton New Brunswick to see Doctor Lauren Wiley. A copy of the Visit confirmation Letter signed by Doctor Lauren Wiley is attached hereto as exhibit C 18. I Andr Murray August 2, 2012 was prescribed, Celexa, by Doctor Erin Tingley, to treat my condition as diagnosed as depression and anxiety. A copy of the prescription is attached hereto as Exhibit D. 19. I Andr Murray September 27, 2012 did attend the Gibson Health Clinic, 231 Canada Street Fredericton New Brunswick to see Doctor Lauren Wiley. A copy of the Visit confirmation Letter signed by Doctor Lauren Wiley is attached hereto as exhibit E 20. I Andr Murray September 27, 2012 was prescribed, Zoloft, by Doctor Erin Tingley, to treat my condition as diagnosed as depression and anxiety. A copy of the prescription is attached hereto as Exhibit F. 21. ZOLOFT (sertraline hydrochloride) is a selective serotonin reuptake inhibitor (SSRI) for oral administration. It has a molecular weight of 342.7. Sertraline hydrochloride has the following chemical name: (1 S-cis)-4-(3,4dichlorophenyl)-l,2,3,4-tetrahydro-N-methyl-l-naphthalenamine hydrochloride. Zoloft is used for treating depression and post-traumatic stress disorder (PTSD). It is also used to treat panic disorder, obsessive-compulsive disorder (OCD), premenstrual dysphoric disorder (PMDD), and social anxiety disorder. Possible

Gmail - 9:30 AM, December 17, 2012 Hearing - FM/27/12 - Question o...

https://mail.google.com/mail/?ui=2&ik=cf2e19f1fb&view=pt&search=s...

Justice Building, Room 203 427 Queen Street, Fredericton, New Brunswick E3B 1B7 Canada

Court Clerk Craig Carleton;

Re:

FM/27/12 - ANDRE MURRAY v. Royal Bank of Canada et al

NOTICE

Please on my behalf, kindly advise, the presiding Judge, who, therefore, is assigned to this matter, the fact of the matter is I will not be able to attend, as doctors orders require that I avoid stressful environments and or experiences. I will instead of making a personal appearance, on this matter, be relying upon the written substantive material submissions as I have caused, to date, to Court filed.

Thanking you kindly in advance for your consideration.

Govern yourself accordingly.

Sincerely without malice, ill will vexation or frivolity

............................ ANDRE MURRAY Name of Applicant: ANDRE MURRAY Address for service within New Brunswick: Andre Murray 103 Huntingdon Circle Fredericton New Brunswick E3B 0M1 andremurraynow@gmail.com

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The order would also apply to anyone acting on Murray's behalf. Clendening said she was reluctant to proceed with the motion to have Murray declined a vexatious litigant without him being present because it's a serious matter. Murray, a frequent presence at the Justice Building in downtown Fredericton, has filed several civil actions and applications with the court in recent years, none of which has proven successful. He's also been unsuccessful in numerous appeals filed with the New Brunswick Court of Appeal, and the Supreme Court of Canada has declined to hear his matters as well. If granted, the application would severely limit Murray's access to the civil justice system. George LeBlanc, counsel for RBC, had one concern about the potential order. He said RBC has been unable to get Murray to pick up belongings that were left in the house upon his eviction. 'We've had them packed up and stored,' he said. 'They've been in storage since June or July at the bank's expense.' LeBlanc said the bank has sent letters urging Murray to claim the items but has had trouble locating him recently to serve him with another notice . Clendening said she thought Le-Blanc would have trouble serving such a notice, noting officials aren't sure where Murray is living now. She also questioned whether the bank had a duty to pay to store Murray's things. LeBlanc said the decision was made to do so out of 'an overabundance of caution. He's quite litigious.' The lawyers present for the Monday hearing said they were fine with the order the judge suggested, and she said she'd have it prepared. 'I expect that puts an end to the matters until June 17, 2013,' Clendening said. Murray's frequent filing of court actions and the tactics he's used have been criticized by several judges, including a judge of the province's highest court. In a decision on motion he wrote in June, Court of Appeal Justice Joseph Robertson said Murray and a handful of self-represented litigants like him are clogging up various levels of court and taxing administrative resources. Robertson also criticized Murray's habit requesting judges who rule against him to recuse themselves from his cases and then filing judicial complaints against them when they decline to do so. The appeals judge said it amounted to 'judge shopping' and ought not be tolerated. The order issued Monday in Murray's case mirrored another order in a similar one made by the same judge.

Clendening issued a six-month stay in the fall in a lawsuit brought against almost 100 defendants filed by Evelyn Rebecca Greene, alleging a massive conspiracy against her in the healthcare sector, government and police to silence her criticisms of health-care and ambulance workers. Greene had requested an adjournment of the case for health reasons, and Clendening stayed it until March. She said if Greene wanted to continue with the case, she'd have to bring proof from a physician indicating she was well enough to proceed.

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