Wednesday 16 January 2013

Content






Court File No.: 142/11/CA
(Court File Number:MC/0642/09)

In THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN:

ANDRE MURRAY: APPELLANT/DEFENDANT

AND:

ROYAL BANK OF CANADA ET. AL: RESPONDENT/PLAINTIFF

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October 28, 2011, Orders Appealed from, Justice Zoel R. Dionne. Five Motions decisions, heard consecutively, and decided on in one written decision. The five subject Orders being appealed stem from that one decision.  Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK


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This Appeal is proceeding under New Brunswick Rules of Court,
Rule 62, Civil Appeals to the Court of Appeal
In this file one will see completed copied of the following forms of Court:
62A Notice of Motion for Leave to Appeal
18A Acknowledgement of Receipt Card
18B Affidavit of Service
37A Notice of Motion
Affidavit

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Motions – in the Order they are filed
Court of Appeal of New Brunswick File Number 142-11-CA Andre Murray V. The Royal Bank of Canada, et al
(1) Motion 1Date
            Motion/Affidavit Preparation documents
October 24, 2011 Notice of Motion for Leave to appeal Form 62A and Supporting Affidavit. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK 


Motion
October 24, 2011 Notice of Motion for Leave to Appeal Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK


Affidavits in support
October 24, 2011 Affidavit in support of Leave to Appeal Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK  


Record on Motion
Record on Motion Book 1. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

Record on Motion Book 2. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

 Record on Motion Book 3. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

Record on Motion Book 4. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK


Brief / Submission
Submission
Intended Appellant's Submission Book 1. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

Intended Appellant's Submission Book  2. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK
Brief
Appellant's  Brief
Brief/Prepared Oral presentation accepted by Court. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

Respondents Brief
November 17, 2011, RBC - Royal Bank of Canada's Brief responding / opposing Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK


Document Scans
Scan of Affidavits

October 26, 2011, Affidavit of Service on RBC - Royal Bank of Canada of a Notice of Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

October 28, 2011 Facsimile Service to RBC - Royal Bank of Canada of an Affidavit in support of Motion for Leave to Appeal

October 31, 2011, Affidavit of George H. LeBlanc, Solicitor for RBC - Royal Bank of Canada. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK


Cover Letters

October 31, 2011, Cover letter from George H. LeBlanc solicitor for RBC - Royal Bank of Canada. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK    






(2) Motion 2 Date November 29, 2011
            Motion/Affidavit

Motion
November 29, 2011, Notice of Motion Form 37A  for a Stay of Execution or Stay of proceedings. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

Affidavits in support
November 29, 2011,  Affidavit filed in support of Motion for Stay of Proceedings. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK


Record on Motion
none

Brief / Submission
Submission
none
Brief
Applicants Brief
none

Respondents Brief
none





Orders /Decisions

Adjournment Order
November 07, 2011, Decision Justice Richard Bell adjournment of proceedings. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

 November 07, 2011, Decision Justice Richard Bell adjournment of proceedings (unstamped unsigned) November 07, 2011, decision Justice Richard Bell adjournment of proceedings.Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK .


Direct link to November 07, 2011, Decision Justice Richard Bell adjournment of proceedings on gnb.ca website: 
http://www.gnb.ca/cour/03COA1/Motiions/2011/November/20111124MurrayvRoyalBankCanada&501376N.BLtd.pdf



Dismissal Order
November 22, 2011, Dismissal Order Justice Richard Bell. Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK 

November 22, 2011,  Dismissal Order Justice Richard Bellunstamped unsigned) Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK

Direct link to November 22, 2011, Dismissal Order Justice Richard Bell. on gnb.ca website:
http://www.gnb.ca/cour/03COA1/Motiions/2011/November/20111117MurrayvRoyalBankofCanada&501376N.B.Ltd.pdf



Dismissal Order Reasons
March 27, 2012, Justice Richard Bell, Reasons Leave to Appeal was denied, source CANLii. (2011canlii92708) Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Direct link to reasons on CANLII: http://canlii.ca/en/nb/nbca/doc/2011/2011canlii92708/2011canlii92708.html


 March 27, 2012, Signed Justice Richard Bell, Reasons Leave to Appeal was denied. (2011canlii92708) Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK


Direct link to November 07, 2011, Decision Justice Richard Bell adjournment of proceedings on gnb.ca website:
http://www.gnb.ca/cour/03COA1/Motiions/2012/March/20120329MurrayvRoyalBankofCanadaand501376NBLtd.pdf



Supreme Court of Canada

Unsatisfied with this decision Court of Appeal of N.B. File Number 142-11-CA Andre Murray V. The Royal Bank of Canada, et al, was Appealed to Supreme Court of Canada, File 34642 André Murray v. Royal Bank of Canada, et al