January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
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Transcript of January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
8/2/2019 January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
http://slidepdf.com/reader/full/january-8-2010-amended-motion-third-version-to-rescind-impugned-october 1/7
Court File Number: MC064209
IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK
TRIAL DIVISION
JUDICIAL DISTRICT OF MONCTON
ROYAL BANK OF CANADA &501376 N.B. Ltd.,
a body corporate,
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FILE:_."'"eREO
BETWEEN:
Plaintiffs,
COlH~'- __Q r Y ,Q 1 :: : ~ \ '
- ~ f~ >.... . : ~
-and-
Defendant,
AMENDED NOTICE OF MOTION
(FORM 37A)
TO: George LeBlanc
644 Main Street, Suite 500
Moncton, N.B.
EIC lE2
Solicitor for the Plaintiff ROY AL BANK
OF CANADA
DESTINATAIRE :
Also
Hugh Cameron
Stewart McKelvey, Barristers, Solicitors
and Trademark AgentsSuite 600, Frederick Square,
77 Westmorland Street, P.O. Box 730
Fredericton NB, E3B 5B4
Solicitor fO T the Plaintiff 501376 N.B.
-Ltd., a body corporate,
8/2/2019 January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
http://slidepdf.com/reader/full/january-8-2010-amended-motion-third-version-to-rescind-impugned-october 2/7
The Defendant (Andre Murray) will apply
to the Court of Queen's Bench of New
Brunswick, Trial Division at Assumption
Place, 770 Main Street, Moncton, New
Brunswick, on the 18th day of Januarv 2010
at 9:30 a.m. for an order that:
ilUnder the Rules of Court, Rule
37.06 may rescind The ORDER
DATED the 20th day of October,
2009 at Moncton, New Brunswick,
IN THE COURT OF QUEENSBENCH OF NEW BRUNSWICK
TRIAL DIVISION and issued by
Justice Zoel R. Dionne UPON
READING the Notice of Motion on
behalf of the plaintiff and the
Affidavit in support thereof and
listed as:.D The Defendant Andre
Murray and/or any other occupants
of the property located at 29
Marshall street, Fredericton, New
Brunswick, be required to vacate the
property forthwith failing which the
Sheriff shall be directed to take
whatever lawful steps are necessary
to evict the Defendant, Andre
Murray and/or any other occupants
of the property from the aforesaid
premises;
hl Under the Rules of Court, Rule
37.06 may rescind The ORDER
DATED the 20th day of October,
2009 at Moncton, New Brunswick,IN THE COURT OF QUEENS
BENCH OF NEW BRUNSWICK
TRIAL DIVISION and issued by
Justice Zoel R. Dionne UPON
READING the Notice of Motion on
behalf of the plaintiff and the
Affidavit in support thereof and
listed as:2L_That the defendant,
Andre Murray and/or any other
occupants of the property be ordered
that they ar e not to cause any
damage to the property in vacating
same; Under the Rules of Court
Rule 37.06
Le demandeur (au selon le cas) demandera it
la Cour a (lieu precis) .
...... ,le 19 , a h ,
d' ordonner (indiquer I' ordonnance
demandee, les motifs a discuter et les
renvois auxdispositions leglislatives ou
regles qui seront invoquees);
8/2/2019 January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
http://slidepdf.com/reader/full/january-8-2010-amended-motion-third-version-to-rescind-impugned-october 3/7
fl Under the Rules of Court, Rule
37.06 may rescind The ORDER
DATED the 20th day of October,
2009 at Moncton, New Brunswick,
IN THE COURT OF QUEENSBENCH OF NEW BRUNSWICK
TRIAL DIVISION and issued byJustice Zoel R. Dionne UPON
READING the Notice of Motion on
behalf of the plaintiff and the
Affidavit in support thereof and
listed as:
11 That time for service of
the within Notice of Motion be
abridged;
ill Under the Rules of Court, Rule
37.06 may rescind The ORDER
DATED the 20th day of October,
2009 at Moncton, New Brunswick,
IN THE COURT OF QUEENSBENCH OF NEW BRUNSWICK
TRIAL DIVISION and issued by
Justice Zoe! R. Dionne UPON
READING the Notice of Motion on
behalf of the plaintiff and the
Affidavit in support thereof and
listed as:
11- That service of the
Notice of Action with Statement of
Claim Attached, Notice of Motion,
Amended Notice of Motion, and any
Order of the Court shall be
sufficient by posting a copy of same
at the door of the premises located
at 29 Marshall Street, Fredericton,
New Brunswick, and shall be
effective on the date of posting
thereof;
~ Under the Rules of Court, Rule
37.06 may rescind The ORDER
DATED the 20th day of October,
2009 at Moncton, New Brunswick,IN THE COURT OF QUEENS
BENCH OF NEW BRUNSWICK
TRIAL DIVISION and issued by
Justice Zoel R. Dionne UPON
READING the Notice of Motion on
behalf of the plaintiff and the
Affidavit in support thereof and
8/2/2019 January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
http://slidepdf.com/reader/full/january-8-2010-amended-motion-third-version-to-rescind-impugned-october 4/7
listed as:
2 2 That service of the
Notice of Action with Statement of
Claim Attached, Amended Notice of
Motion, Notice of Motion, and
attached Affidavits In supportthereof are hereby validated
pursuant to Rule 18.09, as of the
date of posting a copy of same at the
door of the premises located at 29
Marshall Street, Fredericton, N.B.
being October 13th, 2009.
D Under the Rules of Court, Rule
37.06 may rescind The ORDER
DATED the 20th day of October,
2009 at Moncton, New Brunswick,
I N " THE COURT OF QUEENSBENCH OF NEW BRUNSWICK
TRIAL DIVISION and issued by
Justice Zoe! R. Dionne UPON
READING the Notice of Motion on
behalf of the plaintiff and the
Affidavit in support thereof and
listed as:
Q l The Defendant, Andre
Murray shall pay costs of the within
Notice of Motion which are affixed
in the amount of$1,000.00.
g} An abridgement of the time for the
hearing and granting of this Notice
of Motion pursuant to Rule 3.02, of
the Rules of Court,
hi An abridgement of the time required
for Service of this Notice of Motion
pursuant to Rule 3.02, of the Rules
of Court,
j) That an extension of the time for
service of this Notice of Motion be
granted pursuant to Rule 3.02, of theRules of Court,
D That an extension of the time
returnable be granted pursuant to
Rule 3.02, of the Rules of Court ..
8/2/2019 January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
http://slidepdf.com/reader/full/january-8-2010-amended-motion-third-version-to-rescind-impugned-october 5/7
kl That the consequences of default be
set aside in accordance with Rule
18.08 of the Rules of Court
regarding Service Not Conclusive,
D . That the Place of trial be changed
from the Judicial District ofMoncton, to the Judicial District of
Fredericton, New Brunswick
according to Rule 45.02 of the Rules
of Court,
ml Such further and other relief as to
this Honorable Court may appear
just.
ill The Plaintiff, ROYAL BANK OF
CANADA shall pay costs of the
within Notice of Motion.
ill The Plaintiff, 501376 N.B. Ltd., a
body corporate, shall pay costs of
the within Notice of Motion.
Upon the hearing of the motion the
following affidavits or other documentary
evidence will be presented:
1. Affidavit of Betty Rose Danielski
dated the 2ndday of September,
2009.
2. Affidavit of High J. Cameron dated
the 8thday of September, 2009.
3. Affidavit of Julie Ruggiero dated
the 9th day of September, 2009.
4. Affidavit of Dave Daneliuk dated
the 14th day of October, 2009.
5. Affidavit of Andre Murray dated the
16th day of November, 2009.
6. Affidavit of Andre Murray dated the4th day of December, 2009.
A l'audition de la motion, les affidavits au
les autres preuves litterales suivantes seront
presentees: (enumerer les preuves litterales
qui seront utilisees lars de I 'audition de farequete),
8/2/2019 January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
http://slidepdf.com/reader/full/january-8-2010-amended-motion-third-version-to-rescind-impugned-october 6/7
7. Affidavit of Andre Murray dated the
8th day ofJanuary, 2010
8. Royal Trust Corp. of Canada v.Roche, 1994 CanLII 7317 (ON
S.c.)
9. Moncton Family Outfitters et al. v.
Schelew, 2005 NBQB 273 (CanLID
10. Royal Bank Of Canada v.
Zonneveld, 2003 MBQB 24
(CanLII)
11. Wright v. Czinege, 2008 BCSC
1292 (CanLII)
12. Nicholson v. Sun Life Assurance
Company of Canada, 2007 CanLII13707 (ON S.c.)
13. In J.E.J. v. S.L.M., 2007 NBCA 33
(CanLIl)
14. Hightime Investment Property Ltd.
v. Bromley, 2008 BCSC 1353
(CanLII)
15. Residential Tenancies Act,
S.N.B. 1975, c. R-IO.2
You are advised that:
(a) you are entitled to issue documents and
present evidence at the hearing in English or
French or both;
(b) the Defendant intends to proceed in
the English language; and
(c) if you intend to proceed in the other
official language, an interpreter may be
required and you must so advise the clerk at
least 7 days before the hearing.
Sachez que:
a) vous avez le droit d'emettre des
documents et de presenter votre preuve al'audience en francais, en anglais ou dans les
deux langues;
b) le demandeur (au selon Ie cas) a
l'intention d'utiliser la langue .
....... ; et
c) si vous avez lintention d'utiliser l'autre
langue officielle, les services d'un interprete
pourront etre requis et vous devrez en aviser
le greffier au moins 7 jours avant I'audience.
8/2/2019 January 8, 2010, Amended Motion (third version) to rescind impugned October 20, 2009, Orders.
http://slidepdf.com/reader/full/january-8-2010-amended-motion-third-version-to-rescind-impugned-october 7/7
DATED at .F:~!~ . 1 0 ' a ~ · ' ... , .. ,this B dayof. ~.,
2010 .
Andre M U r r a YThe Defendant
31 Marshall Street,
Fredericton, New Brunswick,
E3A4J8
FAIT a .le .
.2010 .
Avocat du demandeur (au selon le cas)