Registrars Order/Decision/Ruling and or as the case may be or require

1 message Andre Murray <andremurraynow@gmail.com> Tue, Jan 15, 2013 at 4:30 PM

To: natalie.leblanc@gnb.ca Cc: "Thriault, Denis (JAG/JPG)" <Denis.Theriault@gnb.ca>, "melissa.grant@justice.gc.ca" <melissa.grant@justice.gc.ca>, "Toole, Joy (JAG/JPG)" <Joy.Toole@gnb.ca>, "Reid, Anne (JAG/JPG)" <Anne.Reid@gnb.ca>, Hugh Cameron <hcameron@stewartmckelvey.com>, "Carleton, Craig (JAG/JPG)" <Craig.Carleton@gnb.ca>, "LeBlanc, George (Moncton)" <gleblanc@coxandpalmer.com>, mcu@justice.gc.ca, l <Lorna.Horncastle@gnb.ca>

File Number: 164/12/CA January 15, 2013,

Natalie H. LeBlanc Registrar Court of Appeal, Room 202, Justice Building 427 Queen Street, Box / C.P. 6000 Fredericton, NB E3B 5H1 Tel. / Tl: [506] 453-2452 Fax / Tlcopieur: [506] 453-7921 E-mail / Courriel: natalie.leblanc@gnb.ca

Hello Natalie H. LeBlanc, RE: File Number 164/12/CA, ANDRE MURRAY v. THE ROYAL BANK OF CANADA and others With reference to the above-noted matter, and file number, 164/12/CA, please consider the following: Firstly 1. According to rules of Court, Rule 3.01(c) where the time for doing an act or taking a step in a proceeding expires on a holiday, the act or step may be done or taken on the next day that is not a holiday. The date for filing this leave to Appeal Motion was Monday December 24, 2012, Christmas Eve (a holiday), next day that is not a holiday was December 27, 2012. 2. December 27, 2012, due to insurmountable unfavorable weather conditions causing travel to be hazardous and at the very least unadvisable, nevertheless I did attempt to travel to the City of Fredericton, moreover, as my motivation to return at that time, was to file:

a) NOTICE OF MOTION FOR LEAVE TO APPEAL (FORM 62A), Dated December 27, 2012; b) Affidavit Dated December 27, 2012, in support of above noted MOTION, 3. As the extreme weather conditions caused backed up traffic jams resulting from numerous automobile accidents (cars off side of roads) and or collisions on highways, this therefore necessitated that I advise your office, by telephone that I was indeed under way and or in transit to your office; I spoke first time with someone at your Office called Marie and advised Marie of my particular circumstances, regarding filing limitations to which Marie left the phone to return advising that in light of my explanation further considering weather conditions, therefore, if I am not able to make my way to Fredericton that day, nevertheless, it will be sufficient, all things considered, for my filing purposes and should I not be able to make Fredericton that day, then filing of the subject documents by December 28, 2012, would be permitted. Please be advised that I did continue in my effort to travel from Moncton to Fredericton that day until the possibility of safely or punctually arriving before 5pm was becoming evidentially improbable.

4. Thereafter on my second telephone call (same day) with the office of the Court of Appeal of New Brunswick, this time conversing with Bianca, who advised me that under the circumstances extreme winter weather conditions therefore, Registrar Natalie H. LeBlanc, had made note of my predicament (all things considered regarding time limitations et cetera ) I was assured by Bianca who had left the telephone and returned with a confirmation Registrar Natalie H. LeBlanc was happy to accept the filing of the herein above mentioned documents, before the end of the day December 28, 2012, for filing, (the subject documents I did cause to be Filed as promised). Secondly 5. Registrar Natalie H. LeBlanc if you would be so kind as to, and in the capacity of Registrar for the Court of Appeal of New Brunswick please confirm, that your Office, are of the position, that: a) the December 17, 2012, impugned Order of Madame Justice Clendening, encompassing inter alia a communication prohibition Order is not applicable to communication between the parties, regarding this subject Leave to Appeal Application; b) the December 17, 2012, impugned Order of Madame Justice Clendening, encompassing inter alia a communication prohibition Order is not applicable to communication between the parties, respecting matters heard before Court of Appeal of New Brunswick. Now for the herein above stated reasons, please kindly confirm that:

i) this subject Motion for Leave to Appeal is considered filed on time and accepted as same by Registrar Natalie H. LeBlanc, ii) furthermore, that Registrar Natalie H. LeBlanc does not consider the December 17, 2012, impugned Order of Madame Justice Clendening, to extend to the Jurisdiction of matters heard between parties at the Court of Appeal of New Brunswick, moreover, has no effect concerning litigating parties outside of Court of Queens Bench of New Brunswick .

Please be advised that as a self-represented litigant appearing within Court of Queens Bench of New Brunswick since year 2009, my treatment and or experiences resulting from the litigious, superfluous, vexations conduct of the subject Respondents, further that I have sufficient cause to believe these herein above mentioned concerns: Firstly Secondly are unlikely to rest undisturbed and may be raised as issues (not at all going to the merits) brought to the attention of the Judge Hearing the 2:00pm January 25, 2013, Leave to Appeal Motion. However, to a seasoned legal authority such as yourself these issues may appear as minor issues, nevertheless it has been my experience when dealing with the subject respondents that they seize every opportunity (including sharp practice) to impede my access to remedy, therefore these herein above mentioned matters should be addressed in advance. Alternatively speaking, for us to have not reasonably address these matters in advance, is to potentially unnecessarily suffer should the Respondents realise the opportunity to raise this as a major issues, despite and or contrary to provisions provided for and found within Rule 2.02 of the Rules of Court (reproduced below). Please kindly provide a signed Registrars Order/Decision/Ruling and or as the case may be or require that will sufficiently address the herein above mentioned concerns, that the December 27, 2012, Notice of Motion for Leave to Appeal Form 62A, may be heard on its merits. To do otherwise, I Andre Murray as Intended Appellant will potentially be in a position, where, I may consequently be forced (as a caution), to file (beyond what would normally be required or sufficient), several Motions such as: for extension of Time for filing and Serving a Notice of Motion for Leave to Appeal Form 62A et cetera Rules of Court Rule 2.02 2.02 Effect of Non-Compliance 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.

Please find provided, for your consideration, attached to this email will be:

1) A copy of the December 28, 2012, filed Court of Appeal Cover Letter Dated: December 28, 2012, cautiously addressed to the outgoing Registrar Michael Bray; in any case addressed to the Registrars office. 2) A copy of a December 17, 2012, impugned Court Order of Madame Justice Clendening, which is the subject of this Appeal, Thanking you in advance. Sincerely and without malice, aforethought, ill will, vexation, or frivolity.

_____________________ Andr Murray Address for service within New Brunswick: Andre Murray
103 Huntingdon Circle Fredericton New Brunswick E3B 0M1 andremurraynow@gmail.com

cc: All Respondents

2 attachments Court of Appeal Cover Letter Dec 28.12.pdf 1085K December 17, 2012 Prohobition Order.pdf.pdf 50K