november 30, 2011, affidavit c of andre murray responding to motion 2 filed by the city of...

7/29/2019 November 30, 2011, Affidavit C of Andre Murray responding to Motion 2 filed by the City of Fredericton. Court file

1/25

1

Court File Number: F/C/45/11

IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK

TRIAL DIVISION

JUDICIAL DISTRICT OF FREDERICTON

BETWEEN:

ANDR MURRAYPlaintiff,

-and-

THE 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 RODGERSNEIL RODGERSCONSTABLE DEBBIE STAFFORD,CONSTABLE MICHAEL SAUNDERS,JOHN DOE 2

Defendants,

AFFIDAVIT C

I, Plaintiff Andr Murray, inhabitant of THE CITY OF FREDERICTON,County of York, in the Province of New Brunswick, Artist, MAKE OATH

AND SAY AS FOLLOWS:

1. I Andr Murray as above indicated am the Plaintiff in this matter assuch have personal knowledge of the matters herein deposed to except where

otherwise stated;


2/25

2

2. furthermore, I Plaintiff Andr Murray, am since year 2005 andcurrently a Residential Leasehold Tenant residing at 31 Marshall Street, in THE

CITY OF FREDERICTON, New Brunswick;3. I Plaintiff Andr Murray while travelling by bicycle within THE CITYOF FREDERICTON, May 7, 2008, was intercepted members of

FREDERICTON POLICE FORCE then without warning physically attacked

resulting in injuries by the conduct of members of the FREDERICTONPOLICE FORCE during the arrest procedure.

4. I Plaintiff Andr Murray required months, of physical therapy torecover from my subject injuries thereby suffered at the hands of members ofthe FREDERICTON POLICE FORCE, moreover the subject injuries are

entirely as a consequence of the actions of members of the FREDERICTONPOLICE FORCE during the subject May 7, 2008 incident.

5. I Plaintiff Andr Murray have immediately following said subject May7, 2008 incident, been continuously pursuing remedy regarding this matter.

6. Tuesday, May 5, 2009 at 3:34 PM, I Andr Murray did file a complaintagainst the FREDERICTON POLICE FORCE, regarding the May 7, 2008

incident, with the NEW BRUNSWICK POLICE COMMISSION. The subjectComplaint, of which was titled Complaint against members of the Fredericton

City Police Department was sent by Andr Murray using e-mail:

[email protected] to: [email protected]

7. May 5, 2009 at 4:13 PM I Andr Murray did receive anacknowledgement of receipt of my e-mail correspondence from Jocelyn (Josh)Ouellette Executive Director as he then was of The NEW BRUNSWICK

POLICE COMMISSIONregarding my complaint against members of

FREDERICTON POLICE FORCE, regarding the May 7, 2008 incident.

8. Tuesday, June 16, 2009 at 11:26 AM I Andr Murray did receive a e-mail reply from Office of Professional Standards of the FREDERICTON

POLICE FORCE, acknowledging receipt of my complaint from: S/Sgt. DanielR. Copp using his email address: [email protected]

to: [email protected] the subject of the email was Your complaint

against members of the FREDERICTON POLICE FORCE


3/25

3

9. Chief of Police Barry MacKnight, did write a letter, Dated September29, 2009, Notifying me Andr Murray of his decision to summarily dismiss my

complaint, FREDERICTON POLICE FORCE File number, (FPF File 09-10302) regarding Plaintiff Andr Murrays complaint, against the

FREDERICTON POLICE FORCE, regarding the May 7, 2008 incident.

RTIPPA Request - Police Commission file number 2010-RTIPPA-02.

10. Contrary to reasonable or common sense behavior, further thesubsequent utterly absurd or ridiculous justification of FREDERICTON

POLICE FORCE regarding the above mentioned subject incident of May 7,

2008 obliged that I Andr Murray, September 27, 2010, pursuant to Right toInformation and Protection of Privacy Act, S.N.B. 2009, c. R-10.6 apply for

correspondence and other documents, which may reveal other possiblemotivations for the outrageously violent behavior directed at Andr Murray bymembers of FREDERICTON POLICE FORCE while at the same time

occurring in the presence of Trina Rodgers as a witness sitting in the front seat

of an unmarked Police Detective Saunders car.

11. I Andr Murray as a consequence of having filed complaints with bothNEW BRUNSWICK POLICE COMMISSION(File: 2110 C- 09- 09), and the

FREDERICTON POLICE FORCE regarding the here within above mentionedWednesday May 7, 2008 arrest of Applicant Andr Murray, therefore any

subsequent investigations and results/conclusions determined thereof, must be

made available for the Applicant (in this case) to peruse according to RTIPPA

(Police Commission file number 2010-RTIPPA-02).

12. Fri, Nov 5, 2010 at 3:27 PM, I Andr Murray, received a letter fromThe New Brunswick Police Commission, which read After seeking third party

intervention from the FREDERICTON POLICE FORCE, we are partially

granting access to the requested records. The letter indicated that The NEW

BRUNSWICK POLICE COMMISSIONwould be disclosing a portion of therecords requested and notably that the FREDERICTON POLICE FORCE was

involved in that decision.

13. December 9, 2010, I Andr Murray did receive a reply correspondencefrom New Brunswick Police Commission, stating inter alia that NEW

BRUNSWICK POLICE COMMISSIONin spite of RTIPPA (PoliceCommission file number 2010-RTIPPA-02) NEW BRUNSWICK POLICE

COMMISSIONis declining Andr Murray full access to documents specific to


4/25

4

this subject matter, further, in particular an Appendix C which consists of the

investigation report prepared by the FREDERICTON POLICE FORCE and

copy provided to New Brunswick Police Commission. Please Note NEWBRUNSWICK POLICE COMMISSIONis prepared to provide only partial

disclosure of the investigation report.

14. NEW BRUNSWICK POLICE COMMISSIONin spite of RTIPPA hasconfirmed verbally, further placed into written correspondence addressed toAndr Murray denying full access to documents in their possession, specific to

this matter - 48 pages of Appendix C.

15. January 13, 2011 NEW BRUNSWICK POLICE COMMISSIONdidpartially make available the above mentioned subject documents as requested

by Andr Murray pursuant to NEW BRUNSWICK POLICECOMMISSIONFile: 2110 C- 09- 09 further, NEW BRUNSWICK POLICECOMMISSIONFile: 2010 RTIPPA- 02.

16. I Andr Murray, subsequently, having reviewed subject NEWBRUNSWICK POLICE COMMISSIONFile: (File: 2110 C- 09- 09 ) 2010

RTIPPA- 02, subject investigation report summary and conclusion revealed

the cause of Applicant Andr Murrays battery and arrest resulted and caused

by persons being obscured - the following is an exact excerpt:Investigative Summary blacked out, a blacked out has provided a statementthat he observed a male closely matching the description of a suspect in some

type of crime, as a result he contacted the police station, and Cst. Debbie

Stafford attended the area and attempted to stop and identify the individual.

17. The partial disclosure did reveal that the Fredericton Police were calledby a person who gave a description of someone matching the Plaintiffs

description engaged in some illegal activity and that was the actual reason why

the Plaintiff was initially accosted May 7, 2008.

RTIPPA - Referral with Queens Bench

18. I Andr Murray did file with Court of Queenss Bench Client ServicesOn January 10, 2011, FORM 1 REFERRAL, Dated January 10, 2011.

19. On the 8th day of February, 2011, at 2:15 PM I Andr Murray asAPPLICANT in that matter, served RESPONDENT New Brunswick Police

Commission, with FORM 1 REFERRAL (Right to Information and Protection


5/25

5

of Privacy Act, S.N.B. 2009, c.R-10.6, s.65(1)(a)) dated the 10th day of

January, 2011, by leaving a copy New Brunswick Police Commission, at NEW

BRUNSWICK POLICE COMMISSIONOffice located at 435 King Street,Suite 202, Fredericton N.B. with Coordinator Pauline Philibert, for

RESPONDENT in that matter.

20. The matter of a referral was rescheduled several times, until finallyheard August 11, 2011, regarding both Court File Nos. F/M/1/11 andF/M/22/11. As a part of the Referral request, the Plaintiff is attempting to have

an Order namely:

A. Order an investigation to determine is there is substance to thealleged abuse and malicious manipulation of the FREDERICTONPOLICE FORCE services.

B. The Investigation shall reveal the excessive volume of `nonproductive` complaint telephone calls regarding the Applicant and or

Applicants residence 29 31 Marshall Street over the 6 year period

from 2005-2011

C. The Investigation shall reveal the number of non eventresponses by FREDERICTON POLICE FORCE to Investigate the

Applicant and or Applicants residence 29 31 Marshall Street over the6 year period from 2005-2011

D. Moreover, the Investigation may conclusively reveal theunfounded substance of the telephone reports and complaints to

FREDERICTON POLICE FORCE regarding the Applicant and or

Applicants residence of 29 31 Marshall Street over the 6 year periodfrom 2005-2011.

E. The Investigation may reveal the identity of the telephonereports and determine why the complaints are without substancenevertheless caused suffering of the innocent Applicant by relentless

stalking and or surveillance or the Applicants residence of 29 31

Marshall Street occurring regularly over the 6 year period from 2005-2011.

F. Finally Order full disclosure of same investigation to theApplicant that the Applicant may acquire a Cease and desist Order for

his protection.


6/25

6

21. The Referral Court File Nos. F/M/1/11 and F/M/22/11, results are stillpending. Plaintiff Andr Murray verily believes and the balance of probability,is that through the Plaintiffs actions to try to gain access to the FREDERICTON

POLICE FORCE Files, the FREDERICTON POLICE FORCE must have beenmade aware that I Andr Murray was attempting to gain a Court order, to order

the Police to reveal their files and the identity of the unnamed caller.

Filing Action - Court File Number: F/C/45/11

22. March, 4, 2011 I Andr Murray did file aNOTICE OF ACTIONWITH STATEMENT OFCLAIM ATTACHED (FORM 16A), Dated March, 4,2011 Court File Number: F/C/45/11 with the Court Client Services Fredericton

New Brunswick.23. 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.

24. September, 8, 2011, I Andr Murray did file (within 7 days of serviceof original claim) aAMENDED NOTICE OF ACTION WITH STATEMENTOF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File

Number: F/C/45/11 with the Court Client Services, Fredericton, New

Brunswick.

25. 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 abovedescribed documents, accompanied by a copy of a cover page marked by

telephone transmission to City Solicitors Fax 506-460-2128.

26. On the 15th day, of September, 2011, at 6:30 PM, accompanied by twowitnesses, I Andr Murray, Pursuant to Rules of Court Rule 18.02How


7/25

7

Personal Service Shall be Made18.02(1)(a) I Andr Murray served, DefendantNeil Rodgers, at (his place of residence) 15 Fisher Ave, Fredericton, NB, E3A

4J1 with an Envelope containing documents marked A, B, and C:

A: NOTICE OF ACTION WITH STATEMENT OF CLAIMATTACHED (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 September, 14, 2011, requesting of Mr. Neil Rodgers

his consent to be added, as a party, and for that reason further amendmentsto the original NOTICE OF ACTION WITH STATEMENT OF CLAIMDated 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;

27. On the 15th day, of September, 2011, at 6:30 PM, accompanied by twowitnesses, I Andr Murray, Pursuant to Rules of Court Rule 18.03(6), served,

Defendant Trina Rodgers, at (her place of residence) 15 Fisher Ave,Fredericton, NB, E3A 4J1 by leaving with Neil Rodgers (husband of Trina

Rodgers) an Envelope containing 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;




C: A letter, Dated September, 14, 2011, requesting of Trina Rodgers her

consent to be added, as a party, and for that reason further amendments tothe 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 DEFENDANTSCONSENT FORM Court File Number: F/C/45/11;


8/25

8

28. I Andr Murray acting as Process Server was able to identify theperson Neil Rodgers (husband of Trina Rodgers) with whom I left the

herewithin above mentioned Court Documents, as an adult and an occupant ofthe dwelling in which the person to be served resides by means of the fact that,

Neil Rodgers is known to me, having previously met Neil Rodgers on severaloccasions, further having been a next door neighbor for a period of six years

2005 to 2011.

29. Furthermore, in accordance to Rules of Court Rule 18.03;Other Waysto Effect Personal Service18.03(6), Service at Place of Residence; a successfulattempt was made to serve Trina Rodgers, at her place of residence, during

daylight hours, by leaving a copy in a sealed envelope addressed to her, withNeil Rodgers, an adult and an occupant of the dwelling in which the person to

be served resides, in this way, documents marked A, B, and C, wasserved on Defendant Trina Rodgers by leaving a copy in a sealed envelopeaddressed to her, and on next day another copy of the said documents were sent

prepaid mail by Canada Post, tracking number: 0067 0750 0011 9484,

addressed to Defendant Trina Rodgers, at her place of residence being 15 FisherAve, Fredericton, NB, E3A 4J1.

30. On the 21st day, of September, 2011, at 3:40 PM, I Andr Murray,again served, Defendants THE CITY OF FREDERICTON and others, with aAMENDED 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 copyof a cover page marked B by telephone transmission to City Solicitors Fax

506 - 458 - 9903.

31. I Andr Murray verily believed, because discussions with CitySolicitor 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 thisinstance, 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 served each andevery named Defendant to this Action Court File Number: F/C/45/11.


9/25

9

32. September 27, 2011 at 1:30 PM I Andr Murray did attendFREDERICTON POLICE FORCE Office at 311 Queen Street, Fredericton,

N.B. E3B 1B1 in an attempt to process serve the subject Court documents uponthe individual name Police Force member Defendants. D. S. Hughson

claimed arrangements for service would be unavailable at that time, eventhough 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.

33. September 27, 2011 at 2:00 PM I called the number which I was givenby 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 atthat 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 efficientservice upon them.

34. In attempting to serve the various members of the FREDERICTONPOLICE FORCE September 28, 2011 I Andr Murray did e-mail TanyaRamsay Assistant to Barry MacKnight Chief of Police FREDERICTON

POLICE FORCE at email address ([email protected]) and further,

called the office several times to expedite matters. I indicated to TanyaRamsay, that I have been advised by the City solicitors office, that TanyaRamsay 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 Andr Murray advised TanyaRamsay that I have documents of a legal nature which are time sensitive and

require immediate Service.

35. 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 BarryMacKnight the following documents marked A, B, and C:


F/C/45/11;


10/25

10


CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDEDDated 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 requisite amendments to the original NOTICE OF ACTIONWITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that

reason, included for the anticipated convenience of the Defendant was

attached a drafted DEFENDANTS CONSENT FORM Court File

Number: F/C/45/11;

36.

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 ConstablePatrick 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:


ATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number:

F/C/45/11;



D: A letter, Dated October 3, 2011, requesting of Defendant ConstablePatrick Small, his consent to be added, as a party, and for that reason further

requisite amendments to the original NOTICE OF ACTION WITH

STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason,

included for the anticipated convenience of the Defendant was attached adrafted DEFENDANTS CONSENT FORM Court File Number:

F/C/45/11;

37. 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:


11/25

11


ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number:F/C/45/11 Court File Number: F/C/45/11;



Dated September, 8, 2011 Court File Number: F/C/45/11 Court FileNumber: 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 furtherrequisite amendments to the original NOTICE OF ACTION WITH

STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason,included for the anticipated convenience of the of Defendant Sergeant MattMyers was attached a drafted DEFENDANTS CONSENT FORM Court

File Number: F/C/45/11 Court File Number: F/C/45/11;

38. 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 DebbieStafford the following documents marked A, B, and F:


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 WITHSTATEMENT 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;


12/25

12

39. 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, NBE3B 1B1 by leaving with Defendant Constable Mike Fox the following

documents marked A, B, and G:


ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number:F/C/45/11;



G: A letter, Dated October 3, 2011, requesting of Defendant ConstableMike 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 foranticipated convenience of the Defendant was attached a drafted

DEFENDANTS CONSENT FORM Court File Number: F/C/45/11;

40. 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 Rideoutthe following documents marked A, B, and H:

A: NOTICE OF ACTION WITH STATEMENT OF CLAIMATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number:

F/C/45/11;

B: AMENDED NOTICE OF ACTION WITH STATEMENT OFCLAIM 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 WITHSTATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason,

included for anticipated convenience of the Defendant was attached a


13/25

13

drafted DEFENDANTS CONSENT FORM, Court File Number:

F/C/45/11;

Defendant THE CITY OF FREDERICTON and DefendantFREDERICTON POLICE FORCE

41. I contest paragraph 6 of a Affidavit dated November 21, 2011, ofDefendant Chief of Police Barry MacKnight, in which is claimed that Prior toSeptember 21, 2011, THE CITY OF FREDERICTON /FREDERICTON

POLICE FORCE had no notice or knowledge of the Plaintiffs claim against

them regarding a May 7, 2008 incident, as outlined in the Amended Claim.Contrary to as herewithin claimed by Defendant Chief of Police Barry MacKnight,regarding lack and or delay of service of the subject Amended Claim; THE

CITY OF FREDERICTON / FREDERICTON POLICE FORCE were in factserved in accordance with Rules of Court;May this please the Court: Rule 18.02 How Personal Service Shall be Made (1)

Personal service shall be made as follows:Municipality (b) on a municipality, by

leaving a copy of the document with any solicitor for the municipality;On the 9th day, of September, 2011, at 2:09 PM, I Andr Murray, served,

Defendants THE CITY OF FREDERICTON and others, a AMENDEDNOTICE 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 THECITY OF FREDERICTON et al. a facsimile of herewithin above subject

documents, accompanied by a copy of a cover page marked by telephone

transmission to City Solicitors Fax 506-460-2128.

42. Furthermore, THE CITY OF FREDERICTON /FREDERICTONPOLICE FORCE did receive Notice, by way of a complaint which I AndrMurray filed at 3:34 PM, May 5, 2009 (File: 2110 C- 09- 09) against certain

members of FREDERICTON POLICE FORCE, regarding a incident occurring

May 7, 2008, therefore, a complaint filed with the New Brunswick Police

Commission. Tuesday, June 16, 2009 at 11:26 AM; thereafter I Andr Murraydid receive a e-mail reply from S/Sgt. Daniel R. Copp Office of Professional

Standards of FREDERICTON POLICE FORCE, acknowledging receipt of my

complaint regarding a incident occurring May 7, 2008. The complaint was (as

is procedure) first characterized by the Chief of Police, then the matterinvestigated for criminal behavior, afterwhich the Service of Policy issue

investigation was concluded. Date September 27, 2010, pursuant to Right toInformation and Protection of Privacy Act, S.N.B. 2009, c. R-10.6 I Andr

Murray did apply for relevant documentation (Police Commission file number


14/25

14

2010-RTIPPA-02). The FREDERICTON POLICE FORCE was contacted

regarding disclosure of the subject documentation. After the NEW

BRUNSWICK POLICE COMMISSION refused to disclose the full contents ofthe subject file I Andr Murray did file with Court of Queenss Bench

Fredericton Client Services On January 10, 2011, FORM 1 REFERRAL, DatedJanuary 10, 2011 (Court File No. F/M/1/11). The matter of a REFERRAL

F/M/1/11 is still pending. Throughout the procedures herewithin referenced, the

balance of probability and further Plaintiff Andr Murray verily believes to betrue that THE CITY OF FREDERICTON /FREDERICTON POLICE FORCE

were contacted repeatedly regarding these issues, as a consequence THE CITY

OF FREDERICTON /FREDERICTON POLICE FORCE did know this issue

of May 7, 2008 incident was remaining alive and active.

43.

THE CITY OF FREDERICTON and the FREDERICTON POLICEFORCE did not claim that THE CITY OF FREDERICTON orFREDERICTON POLICE FORCE were prejudiced in any meaningful way or

at all by being served a AMENDED NOTICE OF ACTION WITH

STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8,2011, Court File Number: F/C/45/11 On the 9th day, of September, 2011.

Service of the Amended Claim on the 9th day, of September, 2011 occurred

only 7 days from the dated of service of a NOTICE OF ACTION WITH

STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011,Court File Number: F/C/45/11 which occurred on the 2nd day, of September,

2011. THE CITY OF FREDERICTON and the FREDERICTON POLICE

FORCE filed their Statement of Defence September 30, 2011 a full 22 daysafter being served the subject Amended Notice of Action.

44. September 22, 2011, Leanne Murray, of McInnes Cooper (internal filenumber LE-162) Solicitor for 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 did in fact provide consent as follows: Further to your email

correspondence dated September 21, 2011, THE CITY OF FREDERICTON

consents to your request to amend your Statement of Claim by adding parties as

Defendants. THE CITY OF FREDERICTON did in fact consent to PlaintiffAndr Murrays request to amend Plaintiff Andr Murrays Statement of Claim

by adding parties as Defendants.

45. As a consequence, of the actions and consent granted by THE CITYOF FREDERICTON and through the rule of agency,agentDefendant


15/25

15

FREDERICTON POLICE FORCE did also provided consent to my request to

amend your Statement of Claim by adding parties as Defendants, because his

principal, by THE CITY OF FREDERICTON did consent to same.Sergeant Matt Myers

46. In reply tothe Affidavit of Defendant Sergeant Matt Myers November22, 2011, as a consequence of Service upon Defendants THE CITY OFFREDERICTON 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, on the 9th day, of September, 2011, at

2:09 PM, I Andr Murray, served, City Solicitor Michelle Brzak, the law ofagency applies therefore Defendant Sergeant Matt Myers, as agent for THE

CITY OF FREDERICTON and the Fredericton Police Force, was in fact servedthe same day.

47. Defendant Sergeant Matt Myers did not claim that he was prejudicedin any meaningful way or at all by being served a Original Claim and the

Amended Claim and requested my consent to add defendants to the Amended

Claim(Affidavit paragraph 7) on the 7th day, of October, 2011. Defendant

Sergeant Matt Myers filed his Statement of Defence November 7, 2011 a full

30 days after being served the subject Amended Notice of Action Original

Claim and the Amended Claim and requested my consent to add defendants to

the Amended Claim (Affidavit paragraph 7) on the 7th

day, of October, 2011.

48. In reply to paragraph 5 of the Affidavit of Defendant Sergeant MattMyers dated November 22, 2011, in which Defendant Sergeant Matt Myers

erroneously claimed that I am informed by Leanne Murray, of McInnes

Cooper, my solicitor and the solicitor for the other Defendants The City of

Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight,

Constable Mike Fox, Constable Patrick Small and Constable Nancy Rideout

and do believe that the Plaintiff did not request or obtain consent of those

Defendants to add parties to the Amended Claim. September 22, 2011, Leanne

Murray, of McInnes Cooper (internal file number LE-162) did in fact provide

consent as follows: Further to your email correspondence dated September

21, 2011, THE CITY OF FREDERICTON consents to your request to amend

your Statement of Claim by adding parties as Defendants.

49. However as consequence, actions of thereby consent was granted byTHE CITY OF FREDERICTON through the rule of agency,Defendant


16/25

16

Sergeant Matt Myers has provided consent to my request to amend my

Statement of Claim by adding parties as Defendants, as his principal, THE

CITY OF FREDERICTON did consent to same.Defendant Constable Michael Fox

50. In reply to paragraph 7 ofthe Affidavit of Defendant ConstableMichael Fox Dated November 23, 2011: As a consequence of subject CourtDocument Service at 2:09 PM on the 9th day, of September, 2011, upon City

Solicitor Michelle Brzak for Defendants THE CITY OF FREDERICTON and

others, a AMENDED NOTICE OF ACTION WITH STATEMENT OF

CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court FileNumber: F/C/45/11 since the law of agency thereby applies therefore

Defendant Constable Michael Fox, was in fact served 9th day, of September,2011.

51. Defendant Constable Michael Fox did not claim that he was prejudicedin any meaningful way or at all by being served a Original Claim and the

Amended Claim and requested my consent to add defendants to the Amended

Claim(Affidavit paragraph 7) on the 9th day, of October, 2011. Defendant

Constable Michael Fox filed his Statement of Defence November 4, 2011 a full

26 days after being served the subject Amended Notice of Action Original

Claim and the Amended Claim and requested my consent to add defendants to

the Amended Claim (Affidavit paragraph 7) on the 9th

day, of October, 2011.

52. In reply to paragraph 5 of an Affidavit of Defendant ConstableMichael Fox Dated November 23, 2011, in which Defendant Constable

Michael Fox erroneously claimed that I am informed by Leanne Murray, of

McInnes Cooper, my solicitor and the solicitor for the other Defendants The

City of Fredericton, the Fredericton Police Force, Chief of Police Barry

MacKnight, Sergeant Matt Myers, Constable Patrick Small and Constable

Nancy Rideout and do believe that the Plaintiff did not request or obtain

consent of those Defendants to add parties to the Amended Claim. September

22, 2011, Leanne Murray, of McInnes Cooper (internal file number LE-162)

did in fact provide consent as follows: Further to your email correspondence

dated September 21, 2011, THE CITY OF FREDERICTON consents to your

request to amend your Statement of Claim by adding parties as Defendants.

53. As a consequence, of the consent granted by THE CITY OFFREDERICTON through the rule of agency,DefendantConstable Michael Fox


17/25

17

did also provide consent to my request to amend my Statement of Claim by

adding parties as Defendants, because his principal, by THE CITY OF

FREDERICTON had consented to same on his behalf.Defendant Constable Nancy Rideout

54. In reply tothe Affidavit of Defendant Constable Nancy Rideout DatedNovember 22, 2011, as a consequence of Service upon Defendants THE CITY

OF FREDERICTON and others, a AMENDED NOTICE OF ACTION WITHSTATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8,

2011, Court File Number: F/C/45/11, on the 9th day, of September, 2011, at

2:09 PM, I Andr Murray, served, City Solicitor Michelle Brzak, the law of

agency applies therefore Defendant Constable Michael Fox, an agent for THECITY OF FREDERICTON and the Fredericton Police Force, was in fact served

the same day.55. Defendant Constable Nancy Rideout did not claim that she wasprejudiced in any meaningful way or at all by being served a Original Claimand the Amended Claim and requested my consent to add defendants to the

Amended Claim(Affidavit paragraph 7) on the 11th day, of October, 2011.

Defendant Constable Nancy Rideout filed her Statement of Defence November

7, 2011 a full 27 days after being served the subject Amended Notice of Action

Original Claim and the Amended Claim and requested my consent to add

defendants to the Amended Claim (Affidavit paragraph 7) on the 11th day, of

October, 2011.

56. In reply to paragraph 5 of the Affidavit of Defendant ConstableNancy Rideout Dated November 22, 2011, in which Defendant Constable

Nancy Rideout erroneously claimed that I am informed by Leanne Murray, of

McInnes Cooper, my solicitor and the solicitor for the other Defendants The

City of Fredericton, the Fredericton Police Force, Chief of Police Barry

MacKnight, Sergeant Matt Myers, and Constable Patrick Small and do believe

that the Plaintiff did not request or obtain consent of those Defendant to add

parties to the Amended Claim. September 22, 2011, Leanne Murray, of

McInnes Cooper (internal file number LE-162) did in fact provide consent as

follows: Further to your email correspondence dated September 21, 2011,

THE CITY OF FREDERICTON consents to your request to amend your

Statement of Claim by adding parties as Defendants.

57. As a consequence, of actions thereby consent granted by THE CITYOF FREDERICTON and through the rule of agency,agentDefendant


18/25

18

Constable Nancy Rideout did also provide consent to my request to amend my

Statement of Claim by adding parties as Defendants, because her principal,

THE CITY OF FREDERICTON did consent to same.Neil and Trina

58. I Andr Murray verily believe that on 9th day, of September, 2011 orshortly thereafter (based on the significant behaviour change of herein namedDefendants) Defendant Neil Rodgers and Defendant Trina Rodgers, obtained

notice and or were advised that they were named as Defendants pursuant to

Court File Number: F/C/45/11. Prior to 9th day, of September, 2011

the significant behaviour of Defendant Neil Rodgers and Defendant TrinaRodgers included a unrelenting continuous day by day harassment campaign

beginning each day with either or Neil Rodgers and Defendant Trina Rodgersobserving Andr Murray as his daily property management chores wereconducted about the yard and or property surrounding his Residential

Leasehold house this subject harassment was achieved by various means

although became repetitive since the initial encounter with the Rodgers year2005. Defendant Neil Rodgers and Defendant Trina Rodgers have amused

themselves by bearing false witness against Andr Murray thereby complaining

to FREDERICTON POLICE FORCE making frivolous complaints therefore

always found to be lacking substance whatsoever.

59. I Andr Murray verily believe that were FREDERICTON POLICEFORCE required by this honourable Court to produce the chronological historyof all reports since 2005 made by the Defendants Rodgers it would therefore be

realized that although the repetitions complaints were at times on a daily basis

at other times several times on the same day members of FREDERICTONPOLICE FORCE continued to converge at the 31 Marshall Street residential

property of Andr Murray conducting investigations which since 2005 have

never resulted in any charges against Plaintiff Andr Murray.

60. Defendant Neil Rodgers and Defendant Trina Rodgers method ofharassing Plaintiff Andr Murray was not only confined bearing false witness

against him therefore using members of FREDERICTON POLICE FORCE as aweapon deployed to disrupt Plaintiff Andr Murrays peaceful enjoyment of his

residence as when members of FREDERICTON POLICE FORCE were not

within eye sight or hearing distance Defendant Neil Rodgers and DefendantTrina Rodgers would be attempting to provoke Plaintiff Andr Murray

therefore uttering obscenities by yelling over the privacy fence which separates


19/25

19

the two neighbouring adjacent properties; Plaintiff Andr Murray has at all

times remained passive to the many assaults of Defendant Neil Rodgers and

Defendant Trina Rodgers which have occurred since 2005;

61. Defendant Neil Rodgers and Defendant Trina Rodgers evidentlyrealized that uttering threats and or obscenities (as were constantly occurring)

therefore directed across the dividing property line, at Plaintiff Andr Murray

did not provoke the Rodgers escaladed the harassment by actually departingfrom their property and entering onto the leasehold property of Plaintiff Andr

Murray and using video cameras continued their harassment campaign

throughout all seasons, literally following Andr Murray about his property as

he performs his daily outdoor chores. Apparently at a certain point the subjectmethods of victimizing of Andr Murray was not satisfactory in achieving the

reasonably irrational goals of Defendant Neil Rodgers and Defendant TrinaRodgers which they then began to stalk Andr Murray as he departed from hisproperty by bicycle or on foot as a pedestrian which was easy for them to

pursue him in their automobiles.

62. Defendant Neil Rodgers and Defendant Trina Rodgers from theirautomobiles using cell phone communication maintained a surveillance of

Andr Murray as he travelled about the City of Fredericton although the

severity was noticeably greatest when within one mile of his Marysvilleresidence.

63. Defendant Neil Rodgers and Defendant Trina Rodgers didcontinuously and repeatedly run over onto the Plaintiffs property to take

pictures of the Plaintiff mowing the lawn from distances uncomfortably close

and often not less than five feet separation while further aggravating thesituation as Defendant Neil Rodgers would be simultaneously yelling

objectionable and offensive obscenities accusing Plaintiff Andr Murray of

being a homosexual thereafter describing explicit sexual acts amongst other

false accusations. Moreover FREDERICTON POLICE FORCE didcontinuously and repeatedly arrive soon after I Plaintiff Andr Murray made

myself visible, out side the walls of the building at the Marshall Street Property,

at 31 Marshall street Fredericton New Brunswick. On many occasionsDefendant Neil Rodgers in his truck, did follow Plaintiff Andr Murray all

about the Marysville area, harassing Plaintiff Andr Murray and further

shouting objectionable and offensive obscenities at Plaintiff Andr Murray.


20/25

20

64. After I Plaintiff Andr Murray, served the Fredericton Police Force,with a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM

ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number:F/C/45/11 on the 9th day, of September, 2011, as I was attempting Court

Document process service upon Defendant Neil Rodgers and Defendant TrinaRodgers, for the first time since 2005 the Rodgers began avoiding me

presumably in an attempt to not be served. I am not able to see locate these

above mentioned actions and behaviors of Defendant Neil Rodgers andDefendant Trina Rodgers did noticeably diminish in frequency.

65. I Plaintiff Andr Murray verily believe that the Fredericton PoliceForce, following Service of the relevant Court documents, 9th day, ofSeptember, 2011, did contact Defendant Neil Rodgers and Defendant Trina

Rodgers and as a result of this contact Defendant Neil Rodgers and DefendantTrina Rodgers did temporarily discontinue their usual course of confrontationalconduct and alternatively initiated strategic behaviour regarding their personal

movement, began a course of conduct intended to frustrate Plaintiff Andr

Murrays Court Document Process Service attempts upon them.

66. Serving of Defendant Neil Rodgers and Defendant Trina Rodgersbecame very difficult because Defendant Neil Rodgers and Defendant Trina

Rodgers were no longer making their daily routine appearances outside theirhouse and when I did approach their house they would run into their house,

locking the door refusing to answer my knocks upon the entrance door to their

house, no answer to my knocking was forthcoming.

67. Finally I Andr Murray was successful at service, of the relevant Courtdocuments, September 15, 2011, by driving up their driveway in the back seatof a marked cab van, and further I had two witnesses, witness me serve

Defendant Neil Rodgers and Defendant Trina Rodgers, by way of leaving with

Defendant Neil Rodgers a copy of the subject Court Documents. Defendant

Neil Rodgers did at that time attempt to evade service, first attempting to runinto the house, and secondly denying repeatedly that though he was served

according to the Rules of Court, that he was (based or incoherent claims), not at

all served furthermore by Defendant Neil Rodgers simply dropping thedocuments onto the ground, Defendant Neil Rodgers then erroneously claimed

improper service.

68. Since that time Defendant Neil Rodgers and Defendant Trina Rodgershave made it very difficult to serve them with prerequisite Court documents,


21/25

21

frustrating even other Court document Servers, who I Andr Murray did retain

to effect service upon them. Defendant Neil Rodgers and Defendant Trina

Rodgers have refused Court document service by Registered mail, while at thesame time unreasonably requiring that they Defendant Neil Rodgers and

Defendant Trina Rodgers must be served only by professional process server.

69. In Defendant Neil Rodgers and Defendant Trina Rodgers Statement ofDefence and Counter Claim October 4, 2011, (which not served until twoweeks past allowable time according to rules of Court) they did state that: Neil

Rodgers and Trina Rodgers have never ridden in the back of a police car,

either marked, or unmarked. Which is, a not so clever way, of obfuscating the

fact, that Defendant Trina Rodgers did not deny sitting in the front seat, of theunmarked Police Cruiser, as witnessed and alleged by affidavit of Plaintiff

Andr Murray, regarding the subject May 7, 2008 incident. Plaintiff AndrMurray verily believes, that the claims made, against Defendant Trina Rodgersregarding the May 07, 2008 incident are justified and the Amended Statement

of Claim deserves to be heard on its merits (following discovery).

70. Plaintiff Andr Murray verily believes, that the claims made againstDefendant Neil Rodgers regarding the May 07, 2008 incident are justified, as

evidenced by the Investigative Summary provided by the New Brunswick

Police Commission and authored by the Fredericton Police Force, furthermore,a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM

ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number:

F/C/45/11, deserves to be heard on its merits.

71. March 5, 2009, Police arrest of Andr Murray resulted in physical injuryat the hands of members of the Fredericton Police Force. I Andr Murray havebeen unable to work (full capacity) since the subject assault and battery of

March 5. 2009. Please note: I Andr Murray have been required

by my doctor to wear an arm brace and attend physiotherapy, which continues

to this day, resulting from those subject injuries which are not yet healed.

72. Late 2009, I Andr Murray did file a complaint with the FrederictonPolice Force, regarding the March 5. 2009 Assault, involving Battery andunlawful Arrest. New Brunswick Police Commission File: (File: 9000 C- 09-

61 ) 2010 RTIPPA- 01 regarding the March 5, 2009 Assault, involving Battery

and Arrest, which I have not completely received. The documents which NewBrunswick Police Commission have released into my possession revealed that

the Police regarding the March 5, 2009 Assault, involving Battery and Arrest,


22/25

22

were being directed and or guided by telephone communication with the Police

Department dispatcher (as it does appear) to Plaintiff Andr Murray moreover,

although Andr Murray had removed all of his winter clothing all accessoriesincluding hats scarves and gloves in a effort to maintain a lower body

temperature, to complete the laborious task of shoveling out the snow from hisdriveway on a warm sunny day. Therefore it could not possibly be true that a

distinctly identifiable man of Andr Murrays shape, size complexion blond

color of hair could possibly be mistaken for anyone else other than who heactually is. March 5, 2009, during daylight hours; I Andr Murray having just

finished shoveling the driveway to my residential dwelling, at 29 Marshall

Street, and 31 Marshall Street, in the City of Fredericton, was again assaulted,

battered and arrested by members of the Fredericton Police.Please note: RTIPPA inquiries revealed that members of the FREDERICTON

POLICE FORCE attending the residence of Andr Murray March 5, 2009 hadbeen directed by persons (identities concealed) further, who by telephonetransmission identified Plaintiff Andr Murray to the FREDERICTON POLICE

FORCE as being outside his residence shoveling snow from the driveway.

73. Plaintiff Andr Murray has been subject to an apparent plan of actiondesigned to achieve a particular goal (object yet unknown) a unreasonable

nonstop harassment program against Plaintiff Andr Murray in this matter since

Andr Murray year 2005 became a Tenant at 29 Marshall Street and 31Marshall Street, in the City of Fredericton. Someone is bearing false witness

against Andr Murray and employing the possibly unsuspecting local

FREDERICTON POLICE FORCE with unfounded allegations which have leadto Plaintiff Andr Murray in this case becoming the victim of repeat violence at

the hands of the Fredericton Police Force. I Plaintiff Andr Murray verily

believe that those persons making fraudulent representation against PlaintiffAndr Murray include both Defendant Neil Rodgers and Defendant Trina

Rodgers, as will be revealed once the parties conclude discovery.


complaint, FREDERICTON POLICE FORCE File number, (FPF File 09-

10302) regarding Plaintiff Andr Murrays complaint, against theFREDERICTON POLICE FORCE, regarding the May 7, 2008 incident. A

copy of this letter is attached hererto as Exhibit A.

75. Tuesday, June 16, 2009 at 11:26 AM I Andr Murray did receive a e-mail reply from S/Sgt. Daniel R. Copp Office of Professional Standards of the


23/25

23

FREDERICTON POLICE FORCE, acknowledging receipt of my complaint

from: Copp, Danny [email protected]

to: [email protected] the subject of the email was Your complaintagainst members of the FREDERICTON POLICE FORCE. A copy of this

letter is attached hererto as Exhibit B

76. Letter from Chief of Police characterizing complaint. A copy of thisletter may be provided at a later date, at the Courts discretion and or consent.


complaint, FREDERICTON POLICE FORCE File number, (FPF File 09-10302) regarding Plaintiff Andr Murrays complaint, against the

FREDERICTON POLICE FORCE, regarding the May 7, 2008 incident. Acopy of this letter is attached hererto as Exhibit C.

78. Summary of procedure regarding RTIPPA request - May 07, 2008 Acopy of this Summary will be provided at a later date, at the Courts discretionand or consent.

79. Summary of procedure regarding RTIPPA request March 5, 2009. Acopy of this Summary will be provided at a later date, at the Courts discretionand or consent.

80. September 27, 2010, pursuant to Right to Information and Protection ofPrivacy Act, S.N.B. 2009, c. R-10.6, I Andr Murray did apply for copies of

specific correspondence and other documents, according to RTIPPA (PoliceCommission file number 2010-RTIPPA-02) to the New Brunswick Policecommission. When the NEW BRUNSWICK POLICE COMMISSIONrefused

full access. I Andr Murray did file with Court of Queenss Bench Client

Services On January 10, 2011, FORM 1 REFERRAL, Dated January 10, 2011.

A copy of this FORM 1 REFERRAL is attached hereto as Exhibit D.

81. September 22, 2011, Leanne Murray, of McInnes Cooper (internal filenumber LE-162) Solicitor for Defendants THE CITY OF FREDERICTON, theFREDERICTON POLICE FORCE, Chief of Police Barry MacKnight, Sergeant

Matt Myers, Constable Michael Fox, Constable Patrick Small and Constable

Nancy Rideout did in fact provide consent as follows: Further to your email

correspondence dated September 21, 2011, THE CITY OF FREDERICTON

consents to your request to amend your Statement of Claim by adding parties as


24/25

24

Defendants. THE CITY OF FREDERICTON did indeed consent to Plaintiff

Andr Murrays request to amend Plaintiff Andr Murrays Statement of Claim

by adding parties as Defendants. A copy of this letter is attached hereto asExhibit E.

82. February 23, 2011, Neil Rodgers did provide an Affidavit to Court ofQueens Bench Moncton Trial Division Dated February 23, 2011, which made

false and untrue claims regarding a fictitious character who Neil Rodgerscontinued to make unfound claims regarding outstanding arrest warrant(s)

further that this subject fictitious character was essentially being harbored at the

residence of Andr Murray on the Marshall Street, City of Fredericton N.B.

residential duplex, yet Neil Rodgers confirms to having observed this thereforefictitious character. I Plaintiff Andr Murray verily believe that the claims made

by Neil Rodgers were made in bad faith, meant to be vexatious, thereforepotentially causing harm to Andre Murray (which was actually the result) andmost certainly obstruction of justice if not simply an abuse of process. A copy

of this Affidavit is attached hereto as Exhibit F.

83. I Andr Murray do verily believe that the relevant Rules of Court andrelevant statutory Acts provide the Court of Queens Bench appropriate tools by

which to allow the Subject Action to be heard on its merits.

84. I Andr Murray do verily believe that pursuant to Rule 27.10(2)(c)Plaintiff Andr Murray, may amend his pleading with leave of the court, unless

prejudice will result which cannot be compensated for by costs or anadjournment, the court may, at any stage of an action, grant leave to amend any

pleading on such terms as may be just and all such amendments shall be made

which are necessary for the purpose of determining the real questions in issue.


25/25

85. This affidavit is made in response of a Notice of Motion, Dated 23 rdday of November, 2011, to Court of Queens Bench, filed by McINNES

COOPER, Solicitors for the Moving Parties, Sergeant Matt Myers, ConstableMike Fox and Constable Nancy Rideout, per Leanne Murray.

SWORN TO AT THE City ofFredericton,In the County of York andProvince of New Brunswick this_________day of __________ 2012.

BEFORE ME:

_______________________________A NOTARY PUBLIC orCOMMISSIONER OF OATHS

PROVINCE OF NEW BRUNSWICK

)

))

)

)

))

)))

)

))

________________________Andr Murray