Court File Number: F/C/45/11 IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF FREDERICTON

BETWEEN: ANDR MURRAY Plaintiff, -andTHE CITY OF FREDERICTON, FREDERICTON POLICE FORCE, CHIEF OF POLICE BARRY MACKNIGHT, SERGEANT MYERS, CONSTABLE MIKE FOX, CONSTABLE PATRICK SMALL, CONSTABLE NANCY RIDEOUT, JOHN DOE 1, TRINA RODGERS NEIL RODGERS CONSTABLE DEBBIE STAFFORD, CONSTABLE MICHAEL SAUNDERS, JOHN DOE 2

Defendants,

January 14, 2012

Craig J. Carleton, Q.C. Clerk-Court Administrator/Greffier-administrateur Court of Queen's Bench of New Brunswick Cour du Banc de la Reine du nouveau-brunswick Judicial District of Fredericton/Circonscription judiciare de Fredericton Judicial District of Woodstock/Circonscription judiciare de Woodstock P.O. Box / C.P. 6000 E3B 5H1 Phone/Tlphone: (506) 453-8288 Fax/Tlcopier: (506) 444-5675

Email/Courrier lectronique: Craig.Carleton@gnb.ca

Dear Craig J. Carleton, Please note where a defendant fails to file and serve his Statement of Defence and the time for doing so has expired, the Plaintiff may, upon filing proof of service of the Statement of Claim, require the clerk to note the default. Defendants The City of Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Michael Fox, Constable Patrick Small, Constable Debbie Stafford and Constable Nancy Rideout have not filed or served their Statements of Defence relating to AMENDED NOTICE OF ACTION AND STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September 8, 2011. The above named parties excluding Constable Debbie Stafford have filed their Statements of Defence relating to a NOTICE OF ACTION AND STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March 4, 2011, relating to a March 5, 2009 incident only. I did serve Defendants The City of Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Michael Fox, Constable Patrick Small and Constable Nancy Rideout on various days as listed below, with a NOTICE OF ACTION AND STATEMENT OF CLAIM ATTACHED (FORM 16A) as well as AMENDED NOTICE OF ACTION AND STATEMENT OF CLAIM ATTACHED (FORM 16A), it is now the 16th day of January, well past the 20 day time limitation as provided in Rules of Court Rule 20.01 or 20.02. I did file with you office, within File F/C 45/11 the respective Affidavits of Service for Defendants The City of Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Michael Fox, Constable Patrick Small, Constable Debbie Stafford and Constable Nancy Rideout which were Court File Date stamped. For ease of reference the following was indicated: Filing History
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1. March, 4, 2011 I Andre Murray did file a NOTICE OF ACTION WITH STATEMENT OFCLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11 with the Court Client Services Fredericton New Brunswick. 2. On the 2nd day, of September, 2011, at 3:55 PM, I Andr Murray, served, Defendants THE CITY OF FREDERICTON and others, with a NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number: F/C/45/11 by leaving a copy, with (The City of Fredericton) Acting City Administrator and (The City of Fredericton) Assistant City Clerk Chris MacPherson, at City Hall, 397 Queen Street, Fredericton N.B. 3. September, 8, 2011, I Andre Murray did file (within 7 days of service of original claim) a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 with the Court Client Services, Fredericton, New Brunswick.

Service History
4. On the 9th day, of September, 2011, at 2:09 PM, I Andr Murray, served, Defendants THE CITY OF FREDERICTON and others, a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 by sending to City Solicitor Michelle Brzak, for subject named Defendants THE CITY OF FREDERICTON and others a facsimile of herewithin above described documents, accompanied by a copy of a cover page marked by telephone transmission to City Solicitors Fax 506-460-2128. 5. On the 21st day, of September, 2011, at 3:40 PM, I Andr Murray, again served, Defendants THE CITY OF FREDERICTON and others, with a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 by sending to Leanne Murray, Associate with Mcinnes Cooper, Barker House, Suite 600, 570 Queen Street, PO Box 610 Fredericton NB E3B 5A6 for subject named Defendants THE CITY OF FREDERICTON and others a facsimile of herewithin above described documents, accompanied by a copy of a cover page marked B by telephone transmission to City Solicitors Fax 506 - 458 - 9903. 6. I Andre Murray verily believed, because discussions with City Solicitor Michelle Brzak and Staff Sergeant Danny Copp on previous occasions, that it was unnecessary to serve all the named members of the Fredericton Police Force and that law of agency applied in this instance, such that, Court document Process Service upon The City of Fredericton was considered service upon all of its agents. Because I am self represented and in as a cautionary step I did Endeavour to serve each and every named Defendant to this Action Court File Number: F/C/45/11.

7. September 27, 2011 at 1:30 PM I Andre Murray did attend Fredericton Police Force Office at 311 Queen Street, Fredericton, N.B. E3B 1B1 in an attempt to process serve the subject Court documents upon the individual name Police Force member Defendants. D. S. Hughson claimed arrangements for service would be unavailable at that time, even though some of the named Police Officers were supposed to be in the very building at the time of inquiry. I was asked to call Lori Daniels, of Fredericton Legal services for further information. 8. September 27, 2011 at 2:00 PM I called the number which I was given by D. S. Hughson and spoke to Lori Daniels who directed me to call the secretary of the Chief of Police Tanya Ramsay to make an appointment and at that time I could affect Service. Further I was instructed to call ahead to make appointments to serve the other officers so as to effect timely and efficient service upon them. 9. In attempting to serve the various members of the Fredericton Police Force September 28, 2011 I Andre Murray did e-mail Tanya Ramsay Assistant to Barry MacKnight Chief of Police Fredericton Police Force at email address (Tanya.ramsay@fredericton.ca) and further, called the office several times to expedite matters. I indicated to Tanya Ramsay, that I have been advised by the City solicitors office, that Tanya Ramsay would facilitate me, to meet with and or make appointments, to meet with certain members of Fredericton Police Force at Fredericton City Police Force office, located at 311 Queen Street, Fredericton N.B. E3B 1B1. Namely Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Mike Fox, Constable Patrick Small, Constable Nancy Rideout, Constable Debbie Stafford, Constable Michael Saunders. I Andre Murray advised Tanya Ramsay that I have documents of a legal nature which are time sensitive and require immediate Service. 10. On the 3rd day, of October, 2011, at 10:00am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Chief of Police Barry MacKnight, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Chief of Police Barry MacKnight the following documents marked A, B, and C: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; C: A letter, Dated October 3, 2011, requesting of Defendant Chief of Police Barry MacKnight, his consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11;

11. On the 6th day, of October, 2011, at 1:00pm, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Constable Patrick Small, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Constable Patrick Small the following documents marked A, B, and D: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; D: A letter, Dated October 3, 2011, requesting of Defendant Constable Patrick Small, his consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11; 12. On the 7th day, of October, 2011, at 10:00 am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Sergeant Matt Myers, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Sergeant Matt Myers the following documents marked A, B, and E: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11 Court File Number: F/C/45/11; E: A letter, Dated October 3, 2011, requesting of Defendant Sergeant Matt Myers, his consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11 Court File Number: F/C/45/11; 13. On the 7th day, of October, 2011, at 10:00 am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Constable Debbie Stafford, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by

leaving with Defendant Constable Debbie Stafford the following documents marked A, B, and F: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; F: A letter, Dated October 3, 2011, requesting of Defendant Constable Debbie Stafford, her consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11; 14. On the 9th day, of October, 2011, at 11:00 am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Constable Mike Fox, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Constable Mike Fox the following documents marked A, B, and G: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; G: A letter, Dated October 3, 2011, requesting of Defendant Constable Mike Fox, his consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11; 15. On the 11th day, of October, 2011, at 10:20 am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Constable Nancy Rideout, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Constable Nancy Rideout the following documents marked A, B, and H: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number: F/C/45/11;

B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011, Court File Number: F/C/45/11; H: A letter, Dated October 3, 2011, requesting of Defendant Constable Nancy Rideout, her consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM, Court File Number: F/C/45/11;

Since time of Service has expired, kindly review the following at your earliest convenience, as I seek your noting of default in such matters as I have provided for your attention herewithin, namely the Claims made against Defendants The City of Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight, Constable Patrick Small and Constable Debbie Stafford regarding the May 7, 2008 incident as found in AMENDED NOTICE OF ACTION AND STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September 8, 2011. For your convenience herewith are provided the relevant Rules of Court.
THE RULES OF COURT The relevant provisions of the New Brunswick Rules of Court are as follows: 21.01 Noting Default
(1) Where a defendant fails to file and serve his Statement of Defence and the time for doing so has expired, the plaintiff may, upon filing proof of service of the Statement of Claim, require the clerk to note the default. Except as provided in Rule 22.05(3), where the court has ordered that a Statement of Defence be struck out without leave to file and serve another, or with leave to file and serve another and the time for doing so has expired, the plaintiff, upon filing a copy of the order, may require the clerk to note the default of that defendant. Where the plaintiff has failed to require the clerk to note a defendant in default, any other defendant who has filed and served a Statement of Defence and wishes to set the action down for trial may, on notice to the plaintiff, apply for leave to require the noting of such default. A request to note a defendant in default shall be made in writing and signed by the party or his solicitor.

(2)

(3)

(4)

(5)

Until a defendant has been noted in default, he may file and serve his Statement of Defence.

21.02 Consequences of Noting Default (1) A defendant who has been noted in default (a) shall be deemed to admit the truth of all allegations of fact made in the Statement of Claim, and (b) shall not file and serve a Statement of Defence or take another step in the proceeding, without leave of the court or the consent of the plaintiff, except a motion to set aside the noting of his default or to set aside a judgment obtained against him by reason of his default. (2) Notwithstanding any other rule, any step in the proceeding may be taken without the consent of a defendant who has been noted in default, and, except as provided in Rules 27.10, 28.03, 29.03 and 30.13 or unless ordered otherwise, he shall not be entitled to notice of any step in the proceeding and need not be served with any other document.

I Have never to date January 14, 2012 been Served any STATEMENT OF DEFENCE (form27a) by Defendants The City of Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Michael Fox, Constable Patrick Small, Constable Debbie Stafford and Constable Nancy Rideout relating to AMENDED NOTICE OF ACTION AND STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September 8, 2011 For your convenience herewith are provided the relevant Rules of Court.
TIME FOR DELIVERY OF STATEMENT OF DEFENCE 20.01 Time for Filing and Serving Statement of Defence Subject to Rule 20.02, a Statement of Defence (Form 27A) shall be filed and served (a) within 20 days after service of the Statement of Claim where the defendant is served in New Brunswick, (b) within 40 days after service of the Statement of Claim where the defendant is served elsewhere in Canada or in the United States of America, or (c) within 60 days after service of the Statement of Claim where the defendant is served anywhere else.

20.02 Notice of Intent to Defend (1) Any defendant served with a Statement of Claim who intends to defend the action may, within the time limited for filing and serving his Statement of Defence, file and serve a Notice of Intent to Defend (Form 20A). (2) Any defendant who files and serves a Notice of Intent to Defend within the time limited for so doing, shall have an additional 10 days within which to file and serve his Statement of Defence, and he shall be deemed to have submitted to the jurisdiction of the court.

Thanking you in advance. May God's peace, guide your week. _____________ Andr Murray 31 Marshall Street, Fredericton, N.B E3A 4J8 andremurraynow@gmail.com