Date post: | 04-Apr-2018 |
Category: |
Documents |
Upload: | justice-done-dirt-cheap |
View: | 219 times |
Download: | 0 times |
of 27
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
1/27
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 B
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;
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
2/27
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
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
3/27
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 to
Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6 apply forcorrespondence and other documents, which may reveal other possiblemotivations for the outrageously violent behavior directed at Andr Murray by
members of FREDERICTON POLICE FORCE while at the same time
occurring in the presence of Trina Rodgers as a witness sitting in the front seatof 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 theFREDERICTON POLICE FORCE regarding the here within above mentioned
Wednesday May 7, 2008 arrest of Applicant Andr Murray, therefore any
subsequent investigations and results/conclusions determined thereof, must bemade 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 NEWBRUNSWICK POLICE COMMISSIONwould be disclosing a portion of the
records 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 NEWBRUNSWICK POLICE COMMISSIONin spite of RTIPPA (PoliceCommission file number 2010-RTIPPA-02) NEW BRUNSWICK POLICE
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
4/27
4
COMMISSIONis declining Andr Murray full access to documents specific to
this subject matter, further, in particular an Appendix C which consists of the
investigation report prepared by the FREDERICTON POLICE FORCE andcopy provided to New Brunswick Police Commission. Please Note NEW
BRUNSWICK POLICE COMMISSIONis prepared to provide only partialdisclosure of the investigation report.
14. NEW BRUNSWICK POLICE COMMISSIONin spite of RTIPPA hasconfirmed verbally, further placed into written correspondence addressed to
Andr 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 requestedby Andr Murray pursuant to NEW BRUNSWICK POLICECOMMISSIONFile: 2110 C- 09- 09 further, NEW BRUNSWICK POLICE
COMMISSIONFile: 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 causedby 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
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
5/27
5
Commission, with FORM 1 REFERRAL (Right to Information and Protection
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 NEWBRUNSWICK POLICE COMMISSIONOffice located at 435 King Street,
Suite 202, Fredericton N.B. with Coordinator Pauline Philibert, forRESPONDENT 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 and
F/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 FREDERICTON
POLICE 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 periodfrom 2005-2011
C. The Investigation shall reveal the number of non eventresponses by FREDERICTON POLICE FORCE to Investigate theApplicant and or Applicants residence 29 31 Marshall Street over the
6 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 orApplicants residence of 29 31 Marshall Street over the 6 year period
from 2005-2011.
E. The Investigation may reveal the identity of the telephonereports and determine why the complaints are without substance
nevertheless caused suffering of the innocent Applicant by relentless
stalking and or surveillance or the Applicants residence of 29 31Marshall Street occurring regularly over the 6 year period from 2005-
2011.
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
6/27
6
F. Finally Order full disclosure of same investigation to theApplicant that the Applicant may acquire a Cease and desist Order for
his protection.
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 leavinga 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.
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
7/27
7
26. On the 15th day, of September, 2011, at 6:30 PM, accompanied by twowitnesses, I Andr Murray, Pursuant to Rules of Court Rule 18.02HowPersonal Service Shall be Made18.02(1)(a) I Andr Murray served, DefendantNeil Rodgers, at (his place of residence) 15 Fisher Ave, Fredericton, NB, E3A4J1 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 OFCLAIM 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 amendments
to 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;
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 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
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
8/27
8
convenience of the Defendant was attached a drafted DEFENDANTS
CONSENT FORM Court File Number: F/C/45/11;
28. I Andr Murray acting as Process Server was able to identify theperson Neil Rodgers (husband of Trina Rodgers) with whom I left theherewithin above mentioned Court Documents, as an adult and an occupant of
the 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 successful
attempt was made to serve Trina Rodgers, at her place of residence, duringdaylight 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, was
served 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 Fisher
Ave, 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 copy
of a cover page marked B by telephone transmission to City Solicitors Fax506 - 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
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
9/27
9
self represented and in as a cautionary step I did Endeavour to served each and
every named Defendant to this Action Court File Number: F/C/45/11.
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 upon
the 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 thesecretary 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 efficient
service upon them.
34. In attempting to serve the various members of the FREDERICTONPOLICE FORCE September 28, 2011 I Andr Murray did e-mail Tanya
Ramsay Assistant to Barry MacKnight Chief of Police FREDERICTONPOLICE 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 Tanya
Ramsay that I have documents of a legal nature which are time sensitive andrequire 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:
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
10/27
10
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 OFCLAIM 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 requisite amendments to the original NOTICE OF ACTION
WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for thatreason, included for the anticipated convenience of the Defendant was
attached a drafted DEFENDANTS CONSENT FORM Court FileNumber: 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:
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 AMENDEDDated 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 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 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
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
11/27
11
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 CLAIMATTACHED (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 SergeantMatt 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:
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;
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
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
12/27
12
drafted DEFENDANTS CONSENT FORM Court File Number:
F/C/45/11;
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 MikeFox, 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 OFCLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDEDDated September, 8, 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 for
anticipated convenience of the Defendant was attached a draftedDEFENDANTS 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 CLAIM
ATTACHED (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
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
13/27
13
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 adrafted 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 to
September 21, 2011, THE CITY OF FREDERICTON /FREDERICTONPOLICE 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 fact
served 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 Andr
Murray filed at 3:34 PM, May 5, 2009 (File: 2110 C- 09- 09) against certainmembers 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 Murray
did receive a e-mail reply from S/Sgt. Daniel R. Copp Office of ProfessionalStandards of FREDERICTON POLICE FORCE, acknowledging receipt of my
complaint regarding a incident occurring May 7, 2008. The complaint was (asis procedure) first characterized by the Chief of Police, then the matter
investigated for criminal behavior, afterwhich the Service of Policy issue
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
14/27
14
investigation was concluded. Date September 27, 2010, pursuant to Right to
Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6 I Andr
Murray did apply for relevant documentation (Police Commission file number2010-RTIPPA-02). The FREDERICTON POLICE FORCE was contactedregarding disclosure of the subject documentation. After the NEWBRUNSWICK POLICE COMMISSION refused to disclose the full contents of
the 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 be
true that THE CITY OF FREDERICTON /FREDERICTON POLICE FORCEwere contacted repeatedly regarding these issues, as a consequence THE CITY
OF FREDERICTON /FREDERICTON POLICE FORCE did know this issueof 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, 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 emailcorrespondence 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.
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
15/27
15
45. As a consequence, of the actions and consent granted by THE CITYOF FREDERICTON and through the rule of agency,agentDefendantFREDERICTON POLICE FORCE did also provided consent to my request toamend your Statement of Claim by adding parties as Defendants, because hisprincipal, by THE CITY OF FREDERICTON did consent to same.
Defendant Chief of Police Barry MacKnight
46. In reply to paragraph 10 of the Affidavit of Defendant Chief ofPolice Barry MacKnight dated November 21, 2011, in which Defendant Chief
of Police Barry MacKnight claimed that Prior to October 3, 2011, I had nonotice or knowledge of the Plaintiffs claim against me regarding a May 7,
2008, as outlined in the Amended Claim.47. 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 of
agency applies therefore Defendant Chief of Police Barry MacKnight, as agent
for THE CITY OF FREDERICTON and the FREDERICTON POLICEFORCE, was in fact served the same day.
48. I Plaintiff Andr Murray did receive a letter dated September 29,2009, signed by Chief of Police Barry D. MacKnight, which stated that my
complaint regarding the Wednesday, May 07, 2008 Bicycle incident,
FREDERICTON POLICE FORCE File number 09-10302 was summarilydismissed.
49. I did receive a letter addressed to me Andr Charles Murray DatedDecember 9, 2010, signed by Chief of Police Barry D. MacKnight, therewithinwhich he stated: I wish to advise you of my decision to summarily dismiss the
complaint that you have filed Dated November 7th, 2009. ; the letter referenced
FREDERICTON POLICE FORCE File number 09-24356.
50. Subject Members of FREDERICTON POLICE FORCE wereinvestigated criminally and investigated in regards to service of policy becauseof the complaint filed May 5, 2009 by Plaintiff Andr Murray, resulting from
the May 7, 2008 incident, as Chief of Police Defendant Chief of Police Barry
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
16/27
16
MacKnight would have been aware of this fact, the evidence of which was the
letter signed by himself to me Andr Murray initializing the review process of
the complaint, after first characterizing same. Further Defendant Chief of PoliceBarry MacKnight would have been contacted regarding the September 27,
2010, filing of a request pursuant to Right to Information and Protection ofPrivacy Act, S.N.B. 2009, c. R-10.6, through which I Andr Murray did apply
for relevant documentation (Police Commission file number 2010-RTIPPA-02).The FREDERICTON POLICE FORCE was contacted regarding disclosure ofthe subject documentation and the balance of probabilities is that Defendant
Chief of Police Barry MacKnight would have been contacted specifically, to
enquire with him if he did consent to providing myself Plaintiff Andr Murray
with the requested information. I Andr Murray do know that when someonerequest information pursuant to Right to Information and Protection of Privacy
Act, S.N.B. 2009, c. R-10.6, as I did have occasion to experience on thereceiving end, then as a named person within the subject file of interest, thePublic body holding the file, is as a matter of policy and protocol, compelled to
contact the named party and enquire if that party does consent to disclosure.
51. Defendant Chief of Police Barry MacKnight did not claim thatDefendant Chief of Police Barry MacKnight was prejudiced in 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(Affidavitparagraph 9) on the 3rd day, of October, 2011. Defendant Chief of Police Barry
MacKnight filed his Statement of Defence October 31, 2011 a full 28 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 9) on the 3rd day, of October, 2011.
52. I have attempted to search independently to locate Constable MichaelSaunders, but have thus far been unsuccessful. I have requested in writing of
the FREDERICTON POLICE FORCE to provide to me the forwarding contact
information for Constable Michael Saunders, but so far they have not fulfilledmy request.
53. 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 ConstableNancy Rideout did in fact provide consent as follows: Further to your emailcorrespondence dated September 21, 2011, THE CITY OF FREDERICTON
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
17/27
17
consents to your request to amend your Statement of Claim by adding parties as
Defendants.
54. As a consequence, of the actions and consent granted by THE CITYOF FREDERICTON and through the rule of agency,agentDefendant Chief ofPolice Barry MacKnight 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.
Defendant Constable Patrick Small
55. In reply to paragraph 6 of the Affidavit of Defendant ConstablePatrick Small
dated November 22, 2011, in which Defendant Constable Patrick Smallclaimed that Prior to October 6, 2011, I had no notice or knowledge of the
Plaintiffs claim against me regarding a May 7, 2008, as outlined in the
Amended Claim.
56. 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, at2:09 PM, I Andr Murray, served, City Solicitor Michelle Brzak, the law of
agency applies therefore Defendant Constable Patrick Small, as agent for THE
CITY OF FREDERICTON and the FREDERICTON POLICE FORCE, was infact served the same day.
57. Defendant Constable Patrick Small was reportedly required towithstand scrutiny of an Police investigation into the possible criminality of his
conduct furthermore regards to service of policy because of the complaint filed
May 5, 2009 by Plaintiff Andr Murray, resulting from the May 7, 2008
incident. Further Defendant Constable Patrick Small would have beencontacted regarding the September 27, 2010, filing of a request pursuant to
Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6,
through which I Andr Murray did apply for relevant documentation (PoliceCommission file number 2010-RTIPPA-02). The FREDERICTON POLICE
FORCE was contacted regarding disclosure of the subject documentation and
the balance of probabilities is that Defendant Constable Patrick Small wouldhave been contacted specifically, to enquire with him if he did consent to
providing myself Plaintiff Andr Murray with the requested information. I
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
18/27
18
Andr Murray do know that when someone request information pursuant to
Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6, as I
did have occasion to experience on the receiving end, then as a named personwithin the subject file of interest, the Public body holding the file, is as a matter
of policy and protocol, compelled to contact the named party and enquire if thatparty does consent to disclosure.
58. Defendant Constable Patrick Small did not claim that DefendantConstable Patrick Small was prejudiced in 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 9) on the
6th
day, of October, 2011. Defendant Constable Patrick Small filed hisStatement of Defence November 4, 2011 a full 29 days after being served the
subject Amended Notice of Action Original Claim and the Amended Claimand requested my consent to add defendants to the Amended Claim (Affidavitparagraph 9) on the 6th day, of October, 2011.
59. 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 emailcorrespondence dated September 21, 2011, THE CITY OF FREDERICTON
consents to your request to amend your Statement of Claim by adding parties as
Defendants.
60. As a consequence, of the actions and consent granted by THE CITYOF FREDERICTON and through the rule of agency,agentDefendantConstable Patrick Small 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 did consent to same.
Defendant Constable Debbie Stafford
61. In reply to paragraph 6 of the Affidavit of Defendant ConstableDebbie Stafford November 17, 2011, in which Defendant Constable Patrick
Small claimed that Prior to October 7, 2011, I had no notice or knowledge of
the Plaintiffs claim against me regarding a May 7, 2008, as outlined in the
Amended Claim.
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
19/27
19
62. 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 Constable Debbie Stafford, as agent for
THE CITY OF FREDERICTON and the FREDERICTON POLICE FORCE,
was in fact served the same day.
63. Defendant Constable Debbie Stafford was reportedly required towithstand scrutiny of an Police investigation into the possible criminality of her
conduct furthermore Constable Debbie Stafford investigated in regards toservice of policy because of the complaint filed May 5, 2009 by Plaintiff Andr
Murray, concerning the incident of May 7, 2008.64. Further Defendant Constable Debbie Stafford would have beencontacted resulting from Andr Murray having filed on Date September 27,
2010, a request pursuant to Right to Information and Protection of Privacy Act,S.N.B. 2009, c. R-10.6, through which I Andr Murray did request for relevant
documentation (Police Commission file number 2010-RTIPPA-02).FREDERICTON POLICE FORCE was subsequently contacted for disclosure
of the subject documentation I Andr Murray verily believe therefore that thebalance of probabilities indicate that Defendant Constable Debbie Stafford was
contacted, specifically to enquire whether she consents to providing the subject
requested information to Andr Murray. I Andr Murray verily believe thatwhen anyone requests information pursuant to Right to Information and
Protection of Privacy Act, S.N.B. 2009, c. R-10.6, then as a named person
within the subject file of interest, the Public body holding the file, is compelledto contact the named party and enquire if that party does consent to the
disclosure of subject documents.
65. Defendant Constable Debbie Stafford did not claim that she wasprejudiced in 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 6) on the 7th
day, of October, 2011.Defendant Constable Debbie Stafford did not file a Statement of Defence and
as a consequence has been noted in default.
66. September 22, 2011, Leanne Murray, of McInnes Cooper (internal filenumber LE-162) Solicitor for Defendants THE CITY OF FREDERICTON,
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
20/27
20
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 emailcorrespondence dated September 21, 2011, THE CITY OF FREDERICTON
consents to your request to amend your Statement of Claim by adding parties as
Defendants.
67. As a consequence, of the actions and consent granted by THE CITYOF FREDERICTON and through the rule of agency,agentDefendantConstable Debbie Stafford did also provided consent to my request to amend
my Statement of Claim by adding parties as Defendants, because his principal,
by THE CITY OF FREDERICTON did consent to same.
Neil Rodgers and Trina Rodgers68. I Andr Murray verily believe that on 9th day, of September, 2011 orshortly thereafter (based on the significant behaviour change of herein named
Defendants) Defendant Neil Rodgers and Defendant Trina Rodgers, obtainednotice 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 Trina
Rodgers included a unrelenting continuous day by day harassment campaignbeginning each day with either or Neil Rodgers and Defendant Trina Rodgers
observing Andr Murray as his daily property management chores were
conducted about the yard and or property surrounding his ResidentialLeasehold house this subject harassment was achieved by various means
although became repetitive since the initial encounter with the Rodgers year
2005. Defendant Neil Rodgers and Defendant Trina Rodgers have amusedthemselves by bearing false witness against Andr Murray thereby complaining
to FREDERICTON POLICE FORCE making frivolous complaints therefore
always found to be lacking substance whatsoever.
69. I Andr Murray verily believe that were FREDERICTON POLICEFORCE required by this honourable Court to produce the chronological history
of all reports since 2005 made by the Defendants Rodgers it would therefore berealized that although the repetitions complaints were at times on a daily basis
at other times several times on the same day members of FREDERICTON
POLICE FORCE continued to converge at the 31 Marshall Street residentialproperty of Andr Murray conducting investigations which since 2005 have
never resulted in any charges against Plaintiff Andr Murray.
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
21/27
21
70. Defendant Neil Rodgers and Defendant Trina Rodgers method ofharassing Plaintiff Andr Murray was not only confined bearing false witnessagainst him therefore using members of FREDERICTON POLICE FORCE as a
weapon deployed to disrupt Plaintiff Andr Murrays peaceful enjoyment of hisresidence as when members of FREDERICTON POLICE FORCE were not
within eye sight or hearing distance Defendant Neil Rodgers and Defendant
Trina Rodgers would be attempting to provoke Plaintiff Andr Murraytherefore uttering obscenities by yelling over the privacy fence which separates
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;
71.
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 departing
from their property and entering onto the leasehold property of Plaintiff AndrMurray 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 subject
methods of victimizing of Andr Murray was not satisfactory in achieving thereasonably irrational goals of Defendant Neil Rodgers and Defendant Trina
Rodgers which they then began to stalk Andr Murray as he departed from his
property by bicycle or on foot as a pedestrian which was easy for them topursue him in their automobiles.
72. 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 Marysville
residence and most certainly upon Andre Murrays each departure from hisresidence.
73. 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
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
22/27
22
being a homosexual thereafter describing explicit sexual acts amongst other
false accusations. Moreover FREDERICTON POLICE FORCE did
continuously and repeatedly arrive soon after I Plaintiff Andr Murray mademyself 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.
74. After I Plaintiff Andr Murray, served FREDERICTON POLICEFORCE, with a AMENDED NOTICE OF ACTION WITH STATEMENT OF
CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court FileNumber: F/C/45/11 on the 9th day, of September, 2011, as I was attempting
Court Document process service upon Defendant Neil Rodgers and DefendantTrina Rodgers, for the first time since 2005 the Rodgers began avoiding mepresumably in an attempt to not be served. I am not able to see locate these
above mentioned actions and behaviours of Defendant Neil Rodgers and
Defendant Trina Rodgers did noticeably diminish in frequency.
75. I Plaintiff Andr Murray verily believe that FREDERICTON POLICEFORCE, following Service of the relevant Court documents, 9th day, of
September, 2011, did contact Defendant Neil Rodgers and Defendant TrinaRodgers and as a result of this contact Defendant Neil Rodgers and Defendant
Trina Rodgers did temporarily discontinue their usual course of confrontational
conduct and alternatively initiated strategic behavior regarding their personalmovement, began a course of conduct intended to frustrate Plaintiff Andr
Murrays Court Document Process Service attempts upon them.
76. 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 their
house 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.
77. Finally I Andr Murray was successful at service, of the relevant Courtdocuments, September 15, 2011, by driving up their driveway in the back seat
of a marked cab van, and further I had two witnesses, observe me as I servedDefendant Neil Rodgers and Defendant Trina Rodgers, by way of leaving with
Defendant Neil Rodgers a copy of the subject Court Documents. Defendant
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
23/27
23
Neil Rodgers did at that time attempt to evade service, first attempting to run
into the house, and secondly denying repeatedly that though he was served
according to the Rules of Court, that he was uttering incoherent claims to theeffect that he Neil Rodgers, had not at all been served for that reason Neil
Rodgers simply dropped the documents onto the ground, Defendant NeilRodgers then erroneously claimed improper service.
78. Since that time Defendant Neil Rodgers and Defendant Trina Rodgershave made it very difficult to serve them with prerequisite Court documents,
frustrating every other Court document Process 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, asreported to me by Canada Post Office attendant name Maggie who advised me
Andre Murray that she was present when Neil Rogers accompanied by TrinaRodgers, thereby produced photo identification in response to a Canada PostDelivery Notice who Neil Rodgers when realizing the correspondence was
from Andre Murray returned the documents to Maggie. Furthermore, while at
the same time unreasonably requiring that they Defendant Neil Rodgers andDefendant Trina Rodgers must be served only by professional process server.
79. 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 Andre Murray contends is, a not so cleverway, of obfuscating the fact, that Defendant Trina Rodgers did not deny sitting
in the front seat, of the unmarked Police Cruiser, as witnessed and alleged by
affidavit of Plaintiff Andr Murray, regarding the subject May 7, 2008 incident.Plaintiff Andr Murray verily believes, that the claims made, against Defendant
Trina Rodgers regarding the May 07, 2008 incident are justified and the
Amended Statement of Claim deserves to be heard on its merits (following
discovery).
80. Plaintiff Andr Murray verily believes, that the claims made againstDefendant Neil Rodgers regarding the May 07, 2008 incident are justified, asevidenced by the Investigative Summary provided by the NEW BRUNSWICK
POLICE COMMISSION and authored by FREDERICTON POLICE FORCE,
furthermore, a AMENDED NOTICE OF ACTION WITH STATEMENT OFCLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File
Number: F/C/45/11, deserves to be heard on its merits.
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
24/27
24
81. March 5, 2009, Police arrest of Andr Murray resulted in physical injuryat the hands of members of FREDERICTON POLICE FORCE. I AndrMurray have been unable to work (full capacity) since the subject assault and
battery of March 5. 2009. Please note: I Andr Murray havebeen 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.
82. Late 2009, I Andr Murray did file a complaint with FREDERICTONPOLICE FORCE, regarding the March 5. 2009 Assault, involving Battery and
unlawful 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. Thedocuments which NEW BRUNSWICK POLICE COMMISSION have releasedinto my possession revealed that the Police regarding the March 5, 2009
Assault, involving Battery and Arrest, were being directed and or guided by
telephone communication with the Police Department dispatcher (as it doesappear) to Plaintiff Andr Murray moreover, although Andr Murray had
removed all of his winter clothing all accessories including hats scarves and
gloves in a effort to maintain a lower body temperature, to complete the
laborious task of shoveling out the snow from his driveway on a warm sunnylate winter 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 he actually 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 consequentlyassaulted, battered and arrested by members of FREDERICTON POLICE
FORCE. Please note: subsequent RTIPPA inquiries revealed that members of
FREDERICTON POLICE FORCE attending the residence of Andr Murray
March 5, 2009 had been directed by persons (identities concealed) further, whoby telephone transmission identified Plaintiff Andr Murray to
FREDERICTON POLICE FORCE as being outside his residence shoveling
snow from the driveway.
83. Plaintiff Andr Murray has been subject to an apparent plan of actiondesigned to achieve a particular goal (object yet unknown) a unreasonablenonstop harassment program against Plaintiff Andr Murray in this matter since
Andr Murray year 2005 became a Tenant at 29 Marshall Street and 31
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
25/27
25
Marshall 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 Murrayverily believe that those persons making fraudulent representation against
Plaintiff Andr Murray include both Defendant Neil Rodgers and Defendant
Trina Rodgers, as will be revealed once the parties conclude discovery.
84. 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. Acopy of this letter is attached hererto as Exhibit A.
85. 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 theFREDERICTON POLICE FORCE, acknowledging receipt of my complaint
from: Copp, Danny [email protected]
to: [email protected] the subject of the email was Your complaint
against members of the FREDERICTON POLICE FORCE. A copy of thisletter is attached hererto as Exhibit B
86. 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.
87. 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. Acopy of this letter is attached hererto as Exhibit C.
88. Summary of procedure regarding RTIPPA request - May 07, 2008 Acopy of this Summary will be provided at a later date, at the Courts discretion
and or consent.
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
26/27
26
89. Summary of procedure regarding RTIPPA request March 5, 2009. Acopy of this Summary will be provided at a later date, at the Courts discretion
and or consent.90. 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.
91.
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
Defendants. THE CITY OF FREDERICTON did indeed consent to Plaintiff
Andr Murrays request to amend Plaintiff Andr Murrays Statement of Claimby adding parties as Defendants. A copy of this letter is attached hereto as
Exhibit E.
92. 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, therefore
potentially 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.
7/29/2019 January 19, 2012, Andre Murray Affidavit B filed in response to First Motion Filed by THE CITY OF FREDERICTON.
27/27
93. 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.
94. 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 an
adjournment, the court may, at any stage of an action, grant leave to amend anypleading 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.
95. This affidavit is made in response to a Notice of Motion, Dated 22 ndday of November 2011, to Court of Queens Bench, filed by McINNES
COOPER, Solicitors for the Moving Parties, THE CITY OF FREDERICTON,FREDERICTON POLICE FORCE, Chief of Police Barry MacKnight,Constable Patrick Small and Constable Debbie Stafford 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 or
COMMISSIONER OF OATHS
PROVINCE OF NEW BRUNSWICK
)
)
))
)
))
)
))
)
)
)
________________________Andr Murray