Sept. 8, 2009, Affidavit of Fredericton, Lawyer Hugh J. Cameron, retained by Mecca Corporation,...

8/2/2019 Sept. 8, 2009, Affidavit of Fredericton, Lawyer Hugh J. Cameron, retained by Mecca Corporation, provides this Affid

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Court File NUMber :-----

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IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICKTRIAL DIVISIONJUDICIAL DISTRICT OF MONCTONBETWEEN:

ROYAL BANK OF CANADA " 501376 N.B.Ltd.~ a body corporate,

Plaintiffs,- and-

ANDRE MURRAY,Defendant,

AFFIDAVITI. Hugb J. Cameron, of the City of Fredericton in the County of York andProvince of New Brunswick. MAKE OATH AND SAY:

I. I am a Partner with the law finn Stewart McKelvey, solicitors for the purchaser.501376 N.B. Ltd . and as such have personal knowledge of the matters deposed toherein. except where otherwise stated and whereso stated do verily believe the sameto be true and am authorized tomake this affidavit on behalf of 501376 N.B. Ltd,

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2. We were retained by 501376 N.B. Ltd. to attend Power of Sale Proceedings ontheir behalf to attempt to purchase real property located at 29 Marshal1 Street,Fredericton, NB known as PID No. 01548650 (the "Property"), in response to theadvertisement of a Notice of Mortgage SaJe in the Daily Gleaner. Attached heretoand marked as Exhibit "A" is a copy of the advertisement for the Notice ofMortgage Sale.

3 . Our firm requested and received the Bidding Papers & Terms of Sale from theoffice of George H. LeBlanc of Cox & Palmer, Barrister and Solicitors. inMoncton, New Brunswick, the solicitors for the Mortgagee. Royal Bank of Canada.

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4. After my review of the Bidding Papers & Terms of Sale, I completed a title searchof the Property. I obtained a copy of the Royal Bank of Canada Mortgage and acopy ofa Claim for Lien by an individual, Mr. Andre Murray. Attached hereto andmarked as Exbibits "8" and "C", respectively, are copies of the Royal Bank ofCanada Mortgage and the Claim for Lien by Mr. Murray together with the Noticeof Action with Statement of Claim Attached pursuant to his alleged lien.

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5. On 'Fhur:sday. July 16. 2009; (attended. at the Fredericton Court House andpurc'basedthe Property for our clienr for the sum of $79 .101.00 and paid a depositof $8,OOO~OOowards the purchase price of the Property. Attached hereto andmarked as Exhibit ~D" is a copy of the executed Bidding Papers and agreement topurchase the Property and a copy of the receipt with respect to the payment of thed e po sit a ll dated Ju ly 16 . 2009.

6. Immediately after the sale of the Property to our client. 3 individuals introducedthemselves to me as neighbours of the Property and informed me that they werepleased that someone had purehasedthe Property. They aU expressed exasperationwith respect to the activities they described- to me that had been carried on at th eProperty. It was clear to metTom the information provided by the neighbours thatwhoever was residing at the Property hadbeeome a problem for the neighbours asthey were not .keeping the Property in good shape, had not cut the lawn and theneighbours were concerned with, and disturbed by. the activities that were beingcarried on at the Property.

7. Before I left the Court House I was informed by Steven Hill of Cox &Palmer. thesolicitor for the Mortgagee, that he understood that there was someone or somepeople including. perhaps. Andre Mur ray , residing at the Property and that theRoyal Bank would be giving them notice of the sale and that they would have tovacate the Property.8. That Thursday afternoon. after the payment of the deposit, Ileft on a scheduledbusiness trip for client meetings in Toronto. Ontario.9. I am informed by my assistant, Valerie Caldwell, and believe that on Fridaymorning. July 17. 2009~ Andre Mur ray telephoned our office.

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10. Prior to Mr. Murray's telephone call to our office. I had not spoken to him and noone from our offices had contacted Mr. Murray, or anyone. at the Property. withrespect to the sale.11. I had. early on the morning of F rid ay , Ju ly 17. 2009, provided instructions to myassistant Valerie Caldwell. by email. to prepare a letter to be delivered, by hand. tothe Property. Our client was concerned that any occupants at the Property, eitherwith. OT without. permission of the Mortgagor, where they were being given noticeto vacate the Property by th e Mortgagee, would, perhaps either evacuate theProperty in a disorderly manner or cause damage to the Property as a result of thenotice from the Mortgagee to vacate the Property.

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12. The instructions I received from our client were to offer the occupants at theProperty additional time, ifpossible. to remove their belongings from the Propertyin order to avoid damage to the Property and to, if possible. remain on favorableterms with whoever it was residing at the Property. In addition, our instructionswere to discuss the possibility of entering into a Lease with the occupants of theProperty with our client.

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' , -3-IJ. Alsr :l i n that Jetter I .asked if we could a t tend a t : tf tc 'Property on Monday , July 20 ,

2009 at II :00 a.m, as our client had requested that we attempt to have the Propertyinspected to determine if it required any immediate repairs and, as well, to allowtheir insurer. State Fa rm , to attend at the Property to photograph the Property toobtain insurance on the Property.

14. I am informed by Valerie Caldwell and believe that, a~ough she had completed adraft of the letter to be delivered to the Property when Mr. Murray telephoned ouroffice, the fetter had not yet been delivered to the Property.

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15. I am informed by Valerie Caldwell and believe that she explained to Mr. Murraythat she was in the process of completing a letter to deliver to the Property and sheexplained the contents of that letter to him.

16. Mr. Murray informed Valerie Caldwell that he was pleased and relievedto hear thisand asked when he would receive the letter and that he intended to cooperate. Ms.Caldwell informed him that a process server would deliver the letter later that day.Mr. Murray then informed her that he was not at the Property but that he would callan unnamed friend who was "packing up to move" and advise him that the letterwould be delivered. Attached hereto and marked as Exhibit ME" is a copy of theletter I approved for delivery to the Property to the attention of Andre Murray, whowe then understood from the mechanic's lien claim attached hereto and marked asExhibit "C'" and. also, his telephone conversation with Valerie Caldwell. was aresident at the Property.

17. I am informed by Valerie Caldwell and believe that Mr. Murray called her backsometime later that day to say that his unnamed friend informed him that someonehad knocked on the door of the house but that friend did not answer the door. Mr.Murray infonned her that he was anxious to read the letter but that he did notexpect to be at the Property over the weekend. Ms. Caldwell provided our processserver's telephone number to Mr. Murray to allow him to contact the process serverdirectly to obtain a copy of the letter. Mr. Murray informed her that he made noteof that telephone number.

18. I am informed by Valerie Caldwell and believe that she spoke with our processserver. Dave Daneliuk, during the afternoon of Friday. July 17, 2009 and heconfirmed that he had been to the house to attempt to deliver the letter, but no oneanswered the door. He delivered the tetter on July 19,2009.

19. During her conversations with Mr. Murray. Ms. Caldwell asked him if he had anumber where we could reach him. He informed her that he had a new cell phoneand did not know his telephone number.

20. On July J 7, 2009, I also contacted our client's insurer, State Farm, to inquire on ourclient's behalf what they required to arrange insurance on (he Property. Theycon finned that they required access to the Property (0 get interior and exteriorphotographs.

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21. Om'M0~~>~ll'~,lI88~Mc~icatlB.dmeatm,..(!)fiiCe. I i_llf:J:tCddlimtllatw,eac,tedf6r'the'plltdlaser of the Property and that we were, with hispermissien, seeking..access to the Property to obtain photographs for insmancepurposes for our dienf!s insurer. State Farm, and also to make sure that theProperty was not in need of any immediate repairs. I asked Mr. M urray if I couldhave his telephone nummer .He advised me that he had a new cell phone and didnot know his owncell pirone number.

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22. I informed Mr. MtuTay that it was our client's request to obtain access to theProperty as early as ,p0SSmle . He suggested that 'access could D e gr.amed within oneweek to ten days. When I ad.ised him that our client preferred eaftim access toarrange for instlli3RCecoverage, he informed me that he would call me back laterthat day to confirm when our client could have access. Our discussioRS were bothfriendly and civil.

23. Mr. Murray telephoned me again on the afternoon of Monday. July 20, 2009. Atthat timeweagn:edthatoUf clientco1:ddhave access to the Property on Thursday.July 23~ 2009 at 1:OOp"m. I attempted to ask Mr. MUIT3Ysome other questionswith respect to the Property as our client was interested in learning if there wereany other individuals residing at that Property, if the Property needed any repairs, ifhe was in fact residing at the Property and, ifnot, an address where I could deliverdocumentation to him. I was never provided the opportunity to ask those questionsas Mr. Murray advised me that he had a can coming in and abruptly ended ourtelephone conversation. After that, he did call our main switchboard and providedone of our employees with his email address. Attached hereto and marked asExhibit "F" is a copy of an email to me from Jennifer Thomas who was operatingour switchboard at the time with the email address provided to her byMr. Mur ray .

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24. I did not hear from Mr. Murray by telephone again that day and because I did nothave his telephone number I was unable to can him.

25. On Monday, July 20,2009 at approximately 4:00 p.m. I emailed Mr. Murray andasked him to call me before 5:00 p.m. that evening. Attached hereto and marked asExhibit "G" is a copy of that email correspondence. Mr. Murray responded byemail at 5:50 p.m., a copy of which is attached hereto and marked as Exhibit "H".that he would respond to any questions by emaiJ. I then responded to him, byemail, a copy of which is attached hereto and marked as Exhibit "I", asking him [0give me a call at 443.0120. Mr. Murray never contacted me as requested.

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26. On Wednesday, July 22. 2009, I completed arrangements with State FannInsurance with respect to taking photographs of the Property for their insuranceunderwriting purposes. I was informed by State Fann that it was suitable to themfor me to take the photographs at the Property on their behalf.

27. On Wednesday, July 22, 2009. I received an email and telephone call from Mr.George Leblanc, solicitor for the Royal Bank of Canada, informing me that Mr.

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Mw;my haclcontaeteddhim_ Mr. LeBialtC'in{e;nned'methathetold'Mr; Murray thar-he.shouldco-operatewith me in my requests-to-have access to the Property.

28. Based on the strength of my agreement with Mr. Murray to access the Property atI :00 p.m. on Thursday, July 23, 2009~ andthe advice Ieceived from Mr. LeBlanc,I sent Mr. Murray an email at 9:34 a.m. that momingconfinning that I would bethere that day at I :00 p.m. Attached hereto and marked as Exhibit ~J", is a copyof that email correspondence.

29. At 10:56 a.m., Mr. Murray sent me an email, copied to Mr. LeBlanc, solicitor forthe' Royal Bank of Can. a copy of which is aruwhed hereto and marked asExhibit ~K", where, to my surprise. he had, apparently, changed his mind toprovide our client with access to the Property and advised me that I had offendedhim. He now described my dealings with him as "completely irrational","intimidation" and "harassment".

30. He sent me a further email at 11 : 37 a.m., a copy of which is attached hereto andmarked as Exhibit~L". I responded at 11 : 42 a.rn., a copy of which is attachedhereto and marked as Exbibit ~M". At the same time, unknown to me, Mr.Murray telephoned my office and spoke with my assistant. Valerie Caldwell. I aminfonned by Valerie Caldwell and believe that Mr. Murray informed her that he didnot want anyone "running though his house" and that "he did not have to provideus with access to the Property".

.31. I responded to Mr. Murray's telephone call. by email, to him at 11:53 a.m., a copy

of which is attached hereto and marked as Exhibit "N", informing him that I wouldstill be pleased to attend at the Property at 1:00 p.m. that day as agreed and if not.,we had nothing more.to discuss,32. I received a further email from Mr. Murray at 12:43 p.m., a copy of which isattached hereto and marked as Exhibit "0", wherein he confirmed that he wouldnot honor his commitment to allow us access to the Property at 1:00 p.m. that day,describing that agreement as a "tentative agreement" for "inspection of premises".

l33. In response to t hat email I sent a further email to Mr. Murray, a copy of which isattached hereto and marked as Exhibit "I"', thanking him for his email andconfirming that he was now refusing to allow us access to the Property. Upon myreview of the email correspondence exchange I noted that there was an error in myearlier email to him at 11:42 a.m., a copy of which is attached hereto and marked asExhibit "M", and ( sent him a final email with that correction at 2:05 p.m. on July~3. 2009. a copy of which is attached hereto and marked as Exhibit "'Q".

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34. On the afternoon of Thursday, July 23. 2009, I contacted, by telephone. Betty RoseDanielski. the Mortgagor and former owner of the Property. I spoke with her forseveral minutes. She informed me that she never signed a Lease with Mr. Murray .or anyone, with respect to the Property. was not aware of any Lease with respect tothe Property and had never heard of one and was not aware of any such allegation

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unti1:sf ' fe'reeeiMedti.awpy->of' ' tne Claim:ml'Lien.fronJi'Mr~.MJmia.Yi: Shedid, inftlEmme that her daughter's former common law hltSban~ Cl7lig MacGreggor~ wasoriginally, several years. ago..provided with access to the Property on the conditionthat he arrange-the-mongage-paymems for her. I am infonnedbyMs. Danielskiand believe that Mr. MacGreggor and her daughter parted company and, at thattime, mortgage payments with respect to the Property ceased to be made and, asMs. Danielski was not in a position to make further mortgage payments herself,thateventuaJly lead to default of the mortgage and the sale of the Property.

SWORN TO before me at the City ofFredericton, in the County of York andProvince of New Brunswick, this 8th day ofSeptem~r-2.{)09.>:>ACommissionerof OathsBeing a Solicitor

RacheUe L. standing-

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Rachella L Standing ...._76028489-001n...........-...._~ l I ; . : : & ' ? ' t t = = i ~ B ~ O S B o , ; : .: . . . : : l1 A R IB L S U = = = - 2 9 - 3 1 M a n h a l l S t r e e t


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r.i.n, o15486S0.Propc:rty ICCQClDEnumbcrOOS06975Net assessment S 115.800

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DATED at the CityofFred!:ricton. in the County of YOlk aud ProviDce of New Brunswick. thil1 ~ day of April, 2009. J o t = J 1 : w " t L . " " " l UD 'Thi. claim wu filedby Andre Mmray.

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toctvle2S031l1AASHALLSTRETAU. THAT-CERTAINiL01" .pJ.- . orpam t l l; ,af Iand.SI tuaIe, . Iy ing 'andbeingIn1he":CI.y;otFted~;(rann.ly1t.'TOIM'IoI~. IntheC o u r 1 t W 01York 1n1he,Pn:Nip:eol N_BnI ' Iswick . boundedan:ld-=rtbed _toIoM:BEGINNIIIQ-.8f1iron (bm_.IPfUC8 .... ,....,WonUwctwte.\~'-


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PR OV IN CE O F N E W BR U N SW IC KCOUNTY OF YORK. IN THl!MATTEk OF THBMBCBANlCS' LIEN ACT. R.S.N.B. 1973. C.M_6. ANDAMENDMENTS THER :ETOANDINTH&M:AT1"I:ROF A CLAIM FOR,UENBY ANDRItMURRAY AGAINSTTHE ESTATE ORINTEUST OFBETI'Y ROSt:DAMELSJO

I,ANDUMURRAY. of 29 Manhall SlRCtiD the Coaatyof Yort.aad Prov ince of NewBnmawict.MAU OATH AND'SAY AS ItOLLOWS''l'IIAT:1. r am the lieDclaimmt umediDthe annexed ClIim_Uea,md I bave fullknowledp oftbe facta set fortbin dte .J lDDUed Cla im fo r Lieo:

2 _ The annexed Claim for Lien is tJue.

SWORN TO at the City ofFrc:dericton.in the County of Yorlt aod ProviDce of~ew B l U D I W i cl t . this day J.i:L Ihy ofApril, 2009,BEF OR E M E:

Q "ada. tem ll:IJ I _ _~.o.r Q I - - . . .~ r t l D M d l c I t . . ..

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: .~~) ANDRE M U R R A Y))


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, ~ / f _ I ! 1 i7'/0 7Court file No.Node Dossier

'IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICKTRIAL DIVISIONJUDICIAL DISTRICf OF FREDERICfONBETWEEN:A.1\fDRE MURRAY

Plaintiff,-and-

I C OU R T O F Q U r.:'C:-J S B EN CHFR E DE R ICTO N. N BR E CE IV ED A N D FILE DM A Y llJ 2009

coua OU BAN C D E LA R E IN EFR E DE R IC TO N. N -BR E C :;U E T D E PO SEBETTY ROSE DANIELSKIDefendant,

STATEMENT OF CLAIM(FORMI6C)

(Notice of Action issued on ApriJ 21, 2009 )

A. The capacity of all persons who are parties to the proceeding.

1. Plaintiff ANDRE MURRAY is the sole resident of 29 - 31 Marshall Street at th e City ofFredericton. County of York and Province of New Brunswick, The plaintiff is aleaseholder fOT the property 29 - J 1Marshall Street, with ~ option to purchase._ _ ,

2. Defendant BETTY ROSE DA..~LSKJ is the Lessor is the beneficial owner which isregistered with Land Titles office under the title number (P.I.D. 01548650)and civic address 29 - 3) Marshall Street at the City of Fredericton, County of York andProvince of New Brunswick,

3. Defendant John Doe IS unknown at this time and is the power of attorney who. negotiatedthe terms of the lease on behalf of Betty Rose Danielski


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4. DefendantJohnDoe 2 is unknownatthisume~andwas"acting-aspowerofattomey, w h 'au thored one or more of th e legal documents establishing the lease on be half o f B ertyRose Danielski.

B. The place of residence of the p!aintifJ5 . P la in tif f ANDRE :\fl;'RRA Y2 9 Ma rs hall S tre et

Fredericton, N .B . E3A 418C . Where the Statement of Claim is to be served out of New Brunswick without leave. the factsupon which it is alleged that such service ispermitted.6 . BETTY ROSE DANIELSKIA pt 603

166 Carlton StreetToronto, OntM5A2K5

7 . I Andre M1.IITaYhave received correspondence (as recently Ap ril 2 00 9) by mail from thedefendant BETTY ROSE DANIELSKI with a return address written on the said letter.Because of this I have reason to believe this is her current address.D. Each allegation of a material fact relied upon to substantiate the claim.

5. On June 2005 the plaintiff (Lessee) and Betty Rose Danielski (Lessor) entered into a fouryea r lease agreement Ju ly 2005 to July 2009 with an option to purchase 29 - 3] Marsha l lStreet. Fredericton. New Brunswick. on the fourth year only.6 . Renovations prior to occupancy of29 -31 Marshall Street, commenced July 2005 at the

plaintiff's expense.7 . Plaintiff did faithfully begin tenancy of 29 - 31 Marshall S~ Sept 2005.8 . Plaintiff did faithfully and according to the terms of the lease pay a n costs for therepairing, improving and maintenance of 29 -31 Marshall Street staring July 2005 and

continues to this date.9. Plaintiff did faithfully and according to the terms of the lease pay all utility bills of29 -31Marshall Street staring July 2005 and continues to this date.10 . The plaintiff did at the expense of th e plaintiff and according to the terms of the lease. atall reasonable times during the said term did permit guests of the lessor to temporarily

occu py a portion of th e h ou se.II. The plaintiff did not at any time of the lease term break a condition of the lease.12. And consequently has performed honourably.


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The pJamtiff did.faithfullyandaccormng to.thetemnsof thel~&e'on-Jb:ef:Ourthyearrequestaia.t7.: th:e,Lesser.transferoftrtl:e; ownersmp'fer 29 - 31 MmNhalFStreetThe defendant has not made any effort to transfer the tide.The defendant according to the terms of the lease must on the fourth year of the lease atthe request of the Lesse ( Plaintiff) commence action to register a transfer the title.The terms of the leasestate.specifically that on the fourth year of the lease: the Iesse mayrequest the lessor transfer the title.Failure to perform or transfer the title requires a refund of all costs according to thelease schedule.The plaintiff ha s m a de a appr opriate and timely request according to the terms of th elease.The plaintiff has requested of the defendant the transfer of title to the plaintiffs nameaccording to the terms of the lease.The defendant refuses to act.Andre Murray under the Mechanics' Lien Act claims $80,000 a lien upon the estate ofBetty Rose Danielski of 29 31 Marshall Street, Fredericton, County of York andProvince of New Brunswick, Registered in the York County registry Office, NewBrunswick, April 16 2009, # 27035311

E. Andre Murray claims against the defendants asfollows:

22. General costs in the amount ofSlOO,OOO.23. Special costs in th e in th e amount 0($20,000.24. Punitive costs in the amount of $10,000.25. A lien upon the estate of Betty Rose Danielski of $80,000;2 5 . Costs of this action on a substantial indemnity basis together with GST and;

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26. Such further and other relief as counsel may advise and this Honourable courtdeem just.may


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DATED at F r ~ ~ ~ .r.':~ ~ , this 7 - P day of (~) ,Z009.

Name of plaintiff: ANDRE MURRAYAddress for service within New Brunswick:

29 Marshall StreetFredericton, N.B. E3A 4J8


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X /IExhibir.E/Date: _ ~ i { _ .. c , : ,t _ _ . . -fstsr;

PROVINCE OF NEW BRUNSWICKCOUNTY OF WESTMORLANDTOWlT;

fN mE MAITER of a Mortgage Sale by Public Auctionheld on the 16mday of July, 2009 at the City of Fredericton,in the County of York and Province of New Brunswick,

BiDDING PAPERS "'TERMS OF SALEFreeboldproperty located. at 29 MarshallStrcet, in th e City of Fredericton, in the CowttyofYotk and Province of New Brunsw:icltand,morcparticularly described in th c Notic:c ofSalnssctforth inSchedule "An heretoownedbyS.ettyRose Danielski. be sold at PublicAudioD by the Royal Bank of Canada, having its beadofficcat the City of Montreal. inthe Province of Quebec and having. a brandt in Harvey Station, Province of NewBrunswick-THIS SALE IS UPON IHEFQLLOW]NG IERMSAND CONPmONS:1. The highest bidder at thcsaJe shal l be the Purchaser of the Mortpgcdpremisesoffered for sale and, if My dispute arises as to the last and hlghest bidder. the mortgagedpremises shall be put up at another a nd sub.sc:qucnt bidding until the mortgaged premisesare sold.2. Notwithstanding t;I above, jf a satisfactory offer is not received, the lands may bewithdrawn from the said sale and mayor may not be lata" sold privately with or withoutfurther notice being given.3. The Auctioneer may, at bis discretion. specify the minimum increase in bid whicbmay be accepted , and whose decision in that regard. shall be final.4. "The Purcbaser shall, immediately upon the mortgaged premises being knockeddown to him, pay to the Vendor a deposit of )0% of the purchase price in lawful moneyof Canada by cash or certified f imds or provide the solicitor representing the Mortgageewith sufficient proof of payment which shall be in the discretion of the Mongagee',solicitor to accept and, shalJ agree to pay the balance of the purchase money withintwenty (20) days from the date of we at the offices of Messrs. COlt '" Palmer. 644 MainStreet. Moncton. New Brunswick. EIC lEl.5. In the event the Purchaser makes default inpaying th e said deposit of 10-'" of thepurchase money immediately upon the mortgaged premises being knocked doWD to him,or shall fail to sign the Agreement to Purchase, the mortgaged premises may, at thediscretion of the Mortgagee, be at once again offered for sale and sold upon the termsand condit ions contained herein.6. If the Purchaser shall fail to comply with the terms and conditions hereincontained. or any of them. the deposit a nd other payments made in connection herewithshal] be forfeited and the mongaged premises may be resold and the deficiency, if any. bysuch resale together with all charges attending the same or occasioned by the default areto b e made good by the defaulter. but the Vendor may elect not to specifically enforce thecomraet, an d in the latter case, the defaulting Purchaser shall forfeit all rights an d allmonies paid as liquidated damages an d nol as a penalty, and the mortgaged premises shallremain and be vested as if th e sale h ad not been made.7. Time shall be of the essence of thls contract.


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8. Deeds of conveyance with respect to real estate will be delivered against receiptof the balance of the purchase price as aforesaid. The purchaser acceptsthercaJ estate,subject to existing tenancies. and any registered restrictive covenants, ifany, as they existat the date thereof.9. Bids will be accepted on the basis that the property is being sold on an "as is,wbere is" basis an d DO representation. WamtDty, inducement or condition has been givenor made' or can b e implied lIS to title. description. fitness for purchase. men:bantability,quantity or quality thereof.10. All real property taxes. water rates, liens, charges and/or local assessments. if any.shall be for theaccoWlt of the Purchaser a nd the Pur:chaseragrees to pay any outstandingreal property taxes. water rates, liens. charges audlor local assessments in full on the dateof delivery of the Deed to such Purchaser.11. Bidders .are bereby notified that a representative of the Vendor, the Royal Bank ofCanada, is present at, the auction an d may bid to protedtbeinterests of the Mortgagee,The Royal Bank of Canada.. Should the Vendor purchase the property, it will not berequired to pay the deposit of 10010of the purchase price referred to inparagrapb 4 above.12. The property being offered for sale is being offered for sale with all improvementsthereon existing and subject to any unregistered statutory liens or easements.

DATED at the City of Moncton. in the County of Westmorland and Province ofNew Brunswick, this_c day of JUDe, 2009.

(Optional: The minimum increase in bid that will be accepted shall be S __ --.J

AGREEMENT TO PURCHASEI, dt,h (,("


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PROVINCEOF NEW'BRtlNSWlCKC OUN 1Y O f W ESTM OR .L AN DTO WIT:

IN THE MAlTER of a Mortgage Saleby Public Auctionheld on the 16md ay of Ju ly , 2009 at th e City ofFredericton,in the COUDty ofYod and Province of New Brunswick.

I. ~t1 e\\;;) ~Q$in the County of ~CERTIFY AS FOLLO :

, f __.,.AuctJonc:cr , 0 !M. I'rt t X " ) II ,\ I , an d Province of New Bruns' ck., HEREBYI, TIlAT at the time and place mentioned in the Notice of Saleannexcdbcr.ero andmarked with a letter "N and; upon ,the c:onditionsof salecontaincdin thebiddingpapcrsannexed bema and marked with the letter~B".I offered for sale the landund premisesdescribed in the said Noticc of Sale.2. TIJAT at the said sale the lands and pn:mises were sold for the sum ofS '1q \0 I ' I;)D as set out intbebidding papers.

[

4. That the sale was conducted by me in a fair, open and propel' manner andaccording to the best of my skill and judgment.

-,..:., -,Dated this l!_ay of - - = ._ j= -- = w : , _ ~ ~_ - - " 2009.


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r1"'",JREqrva> . '. .' ." . 'LLARJI ':--rthc ... ofi ' 9 J . ' . ' , 'ng 10% per cst oCtbe Pilrcl'IasePrice.,ofrhe Jandsand.p temises lyingmdbe ing . a t 29 MmshaII Strect;in ~ City of Fredericton., in lhe:Co~ of orkandProvinceofNew BI'UDlWick,bCID8 more partloularly bou nd ed and dacnbed In ScbcduIc ~A attachedheretc.

The said sum bc:ing;accepteci by me subject to the tams of sale.

Dated this 16- day of July. 2009.

~~y(L B . ._ I I I r r, . 1 " ' / ; .pd =5~.-:


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ST'E.WARJMCIQ1VEYSu it e . .60 0FredeI ic t~77 Westmodacl ,StrectF~NBCIft8lilEJB6ZJ

ConespondeDce:P .O . B m c 7 ]0F rI :: dc ri do n, N BCanadl E 38 SB 4

n....J.Ca_ro.Dil 'eCt Dilll:SD6.44l.0120Direc:tFa: S06.44U974hc:[email protected]

TeJephMe: SOUSU!170Fa: 506.444.8974frmaicro .... r;:omWWW.5IIIII.COIIt

File Reference: SMOO1415-31July 17.2009

,_ IIExhibit: t : : ; /D a te : _ _ c . . _ ~ g ' T / r : : : 0 : " 7 ' : - ~ ' 1 _ ! _ C _ ' ~ _d'mly,--:7~~t?s

Hand DeliveredAndre Mmray.29 MarshallStrect,F red ericton, N B E3A 418 Being a So lI c it orRacheJ le l.StandingDear Mr. Murray:Re: 29 - 31 Marshall Street, Fredericton, N.D.We act for the purchasers of the property located at 29 - 31 Marshall Street, Fredericton that wassold by the Royal Bank of Canada. We understand that you were made aware of the sale.We also understand that you (and perhaps others) may currently be residing at the property andhave been provided notice to vacate the property.I would. ask that you telephone me at your earliest convenience to arrange to meet with you todiscuss your leaving the, premises.We would b e pleased to discuss the possibility of entering into a new lease with you to extendyour rental of the property. or. if you have no interest in leasing the property from our client, wewould also b e pleased to allow you additional time - if possible - to remove your belongings inan orderly mannerWe have been asked to attend at the property on Monday. July 20,2009 at 11 :00 am . to have itinspected. We Jook forward to meeting with you and receiving your cooperation.Please contact me at you r e ar lie st convenience. Thank. you .Yours truly.Stewart McKelvey

/1 / ~T~~: . J . / H ugh 1. C am eronHIC:vjc

19270).vl HlI.lifu
mailto:hc:[email protected]:hc:[email protected]


22/35


23/35

l\ 1'/ "Exhibitll,lOate:

3 e m g aSolidtOlRachelleL Standing

Subject: Telephone callDate: Mon, 20 Jul 2009 16: 10:51 -0300From: hcameron@smss ..comTo: [email protected] call me before 5 pm tonight4430120Thank you

Hugh J.CameronStewart Mc:Ketvey I BarriSlIlf5. Solicitors and T~mllrk Ao-ntaSUD 800 Iredllridc SquareInlVlHtJnOfland StrMll P.O. Bc u 130IFrlllMl'idal HB EJB 5841 'Neb: WWW~Direct 01.: 508.443.0120 IMain Tet: 505.458.1970 IFax: 508.444.89741 Email: I!i:amllDDQsmH CQfIJ

This e-mail message (including attachments, if any) is confidential and may be privilegecdistribution or disclosure is prohibited. Disclosure to anyone other than the intended:constitute waiver of privilege. If you have received this e-mail in error, please notif~and any attachments from your computer system and records.C:ecourriel [y c.:mpris les piacas jointes) est confidentiel et peut etce privilegie. Liou la divulgation non autorisee de ce courriel est interdite. Sa divulgation a toute e:jestinataire ne ~ons~itue pas une renonciation de privilege. Si vous avez re~u ce cou r:',euillez nous avisez et eliminer ce courriel, ainsi que les pieces jointes. de votre s Slde vos dossiers.

Stay in the loop and chat with friends, right from your inbox! Learn how!

7120/2009
mailto:[email protected]:[email protected]


24/35

-

__2/~------

: > < ' - - . _ . . -: ::ommrSSioneror Oal t)s?ell1g a So/idtorRache lle L . S ta nd in g

Page 1 of 1

Hugh J. CameronFrom: jhon smith [vegyandreGhotmail.comJSent: Monday, July 20,2009 5:50 PMTo: Hugh J. CameronSubject: RE:Telephone call

J{etTo Jugfi ,Iwill certainly r espond to y o ur que s tio n s 6y e-tn4i! So foel free to tfirect anyquestions yo u may liave 5y e-mail arull will rupmu in a t imefy manner.1(ote:l lUrveu"wenaf accessto ,-mailS.

______ .Since re fy .ft_ntfre~umty


25/35

(\ \IExhibit: - : : C - m a t e :

c?-~S;:'.o ";'/c,,i/C131",ly

::mrnlssioner8'Uatfisleing a SolicitorRachelle L. Standing

Hugh J. CameronFrom: HughJ. CameronSent: Monday. July 20, 20095:58 PMTo: HughJ. CameronSubject: FW: Telephone call

'My not just give me a call 443 0120thank you


26/35

HugltJ. CameronFrom: Hugh J. CameronSent: Thursday. July 23. 2009 9:34 AMTo: jhonsmithSubject: Meeting today - 1 pm - 29 Marshall Street

Il\. tExhjbjt:~ !Date: C ~ Ie ' 1 / , _ ; ~- . R - . - - . 3 1 m "Commi~erOi 6 a t h S ' 5

I will be there today at 1 pm Being a S o lIC it orRacheUe l. StandingThank you

i ~x I

Hugh J. Cameronstewart McKelvey IBarrIsters. Sollcltars and Tradernartt Agem.Suite 600 IFredenc:k Squa,. In\Nestmorland SIrMt IP.O. B o ! c 730 I Fredericton NB E3B 584 I'Neb: WWWsmss comDirect Olal: 508.....3.0120 IMain ret: ~.45I.1970 IFax 508.444.89741 Email: ~

7


27/35

-0"'" ...v." J

Hugh J.CameronFrom: jhonsmith.[[email protected]]sent: Thursday, July 23, 200910:56 AMTo: Hugh J. CameronCc: [email protected] RE: Meeting today- 1 pm - 29 Marshall Street

'_"-'\cc, J ~ ~ J31 ""'I

1fello Jfugh Cameron3etng a S o I fC i to rRachelfe L. Standing

)Is, I 6eliew you an d ' o r your Law Pirm of ,--x , --'rqtrUent tfws. wliom willp o t e r r . t i 4 l E J 6, my new fantffortfs.Inote. poten t ia!' U l . ' i e n approprillu Iam interestetf in e : q e n a m g an invitation, to visit wliat IcalI1IfJ fwme.:No te : qMt invitation willno t o cc ur 6eftm yo u est46lisli title t rans fer into your

cSen ts 1I4m&'.M a~ no te tli4t Icons ider m y cur r en t faruf/im[ is tlie ' R . 9 J C < R . p y a f tJ ja n{ ar ul o r tlinrcurrent atjents (in wliom Iliave conjitfence) arui tliat position wiII mnain so, until'Iitk is transfer:mf into your c lie nts n ame s.Vnfortutultefy, our cumspontfena to tftzte lias f e l t 1IU inaou6 t .J {U lJ h Came ron you lUwe stated t lUJt yo u fourul it necessary to in form tli4 Cl'oliutliat yo u woufi[ 6, entering my I iome atuf imp6e t l tli4t mtry woufi{ &1ppenr e g a n i T e s s .(['(eas, forgive me l lugn Canurrm 6ut . Iam oJfnufetf. Iind s u e n c ommen t sc ompfe te fy tn -a timulf a nd ' ~ er ie nc e tm s as intimidation aM lia ra ssme nt.Ithin~it 5estthatyou ceas. antl dUist 01 1 your attempu to enter my n o m . arulnotd isc uss su cli m a tte r s a ga in u ntil your clients I ia:v, o6tainet f titre.: H u g l i , Iam an ar tist, ~ sensitive ar tist thilt considers I i o m 4 sacred:We t e fin ite fy fu z:v eB o t o ff on tlie ummgfooti1l fJ lien, tiglit!?c p{ ea seo ra rve m e 1fuefz Camero n 6ut. ..your aeliavicr 1am ~eriencing as inappropriately "8 IJ n .r s iv e , c e r t ain fy p r ema tu r e


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Page2 of3

in G g i & t , o j th s c ircums tances a . tu f consequenti a{ {y tl ppe4 t'S insensi ti ve to m ysitwtitm.Irequut. tliat you lIOtpersist in tliis Ufea tfiat yo u must visit atulenter my h o m e ,prior to titre transfer.In tlie stetui, I requiT e tliatyou waituntiltitl:. is tran.rferrrtf.I trustycm Ulillrupea my request .Ia.m aquuting. 4imme4J4U rupons , st4ting 'tiatyou wiIIcoopemt l .~.ijtulfyqowm yourself I l C c o n m g f y

______ -"If1 un: !M.urray ****.****.*******

This e-mail message (including attachments, if any) is confidential and may be privilegetdistribution or disclosure is prohibited. Disclosure to anyone other than the intended 'constitute waiver of privilege. If you have received this e-mail in error, please notif'and any attachments from your computer system and records.


29/35

f(,r

r -['rrr

1\ \.

Exhibit: ~ !Date: ' . .. ~ I U _, / I.,; -1almly

Page 10f3; : : O r 1 ' u ' l i . S S I e r b f ? 3 a t h s-:~Ing a Sa ii cr to rR ac heU e L. Standing

Hugh J. CameronFrom: jhon smith ([email protected])Sent: Thursday. July 23. 200911:37 AMTo: Hugh J. CameronCc: George leblancSubject: RE: Meeting today 1 pm - 29 Marshall Street

J{e((o :Kugli CamenmPurtlienrurm, :1fugli Came r on 11114Jmnintl yo u tliat yo u woulil lIot accept nryfinto f f e r tovisit arul in tu sUtul of6nng-agrua6F. witlimy fint of fe r , yauituistetl 071a ea rlier aatL w m c ' uft inuzufy V J O U f 4 1 i a T J . tmfy ruuftet{ (I, tlirn tky.ar_[ferma.CMnleninrce lo st - lienee con. folena lOstlJsliare my u :p e r ie n c e 'w it h yo u :Kugli Came nm ; tlia t WI may allempatl i ize willi tfieJ{()9,{' Stf,f )Etq' J{09rt 'E metaplior.

Sincerefy ami witliout malia t i for t thougfat , iIIw i I 4 v~tion orfriwGty,

______ ).ndn ~urray


30/35

Page 1of3

From:Sent;To:

Hugh J. CameronThursday, July 23,200911:42 AMjhonsmith

\t\\ .tJ\Exhibit:_P_'/Date: L'5 !I';GJ leelaimly

Cc: [email protected]: RE: Meeting today - 1 pm - 29 Marshall Street

Dear Sir 1ejR:~Y:L StandingThank you tor your email.I note that you copied your email to the Solicitor for the Royat Bank of Canada. I am doing the same.You are, I believe, fully aware of who I am and who I represent from our tw o telephone conversations and from theletter I delivered to the premises which we discusaed during. our telephone conversations.I advised the City of Fredericton Police Department that we would, be visiting the property to av.oidany appearance ofany impropriety. Your email,notesthat I informedyou.ofthiswhen we spoke on the telephone.Neither I, nor our dient. have ever made any ~attempts to enter your home" at any time. on any other terms other thanas we discussed and you agreed.t apofogize if I have, somehow, offended your sensitivit ies. I do note that I did asked you on Monday to telephone meand you have not.t do understand that you have been informed by the Solicitor for the Royal Bank of Canada that you are required tovacate the premises. Our client extended an invitation to you to discuss the possibmty of either providing you withadditlonaf time to remove your belongings, or, alternatively, the possibili ty of entering into a lease with our client. lM'Ienwe spoke on the phone your expressed both your gratitude for that offer and an open will ingness to pursue it. You didexpress any dOubt or offence. VVl thou t your agreement to view the premises. today. none of these options will beforthcoming. As such, I suggest you adhere to the time iines for your departure from the premises as dictated by them. Iam not otherwise able to offer any cooperation to you and highly recommend that you consult your own legal counsel.In short, you agreed to allow our dient access to the premises, today, to ensure there was no need for any immediaterepair(s) and to arrange for insurance coverage for our client. I am not in an y position to force your assistance orcooperation in that, or any, regard and I have no intention of attempting to do so.I take it from your email below that this will not occur today. If'amincorrect, please advise me as I had planned to bethere today at 1 pm.Thank you

Hugh J. Cameron


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\\ " '- \Exhibit:~llJate: C 's / f;::1 IC '\armJy-~'--,.Y .-.~ \ Page 1of4comrni~citOiti ' fsGeil l9 a SolICItorRachelle L. Standing

Hugh J. CameronFrom: Hugh J. CameronSent: Thursday,July23,200911:53 AMTo: 'jhon smith'ee: '[email protected]'Subject: RE: Meeting today - 1 pm - 29 Marshall Street

Dear SirI understand that you telephoned meandspoke with my secretary a few moments ago. I was away from my desK. Mydirect telephone line is 4430120. I do not have your telephone number.My email to you below sets out our cllenfs position.I would be be pleased to attend at the premises today at 1 pm, as agreed. If not, with respect, we have nothing more todiscuss.Please confirm that I may attend today at 1 pm as agreed, or, alternatively, that you will not allow me access to thepremises to r our client today. It is entir&ly up to you.Thank youHugh


32/35

HugnJ.CameronFmm: jhorrsniith' [vegyandre@hotmaitcom}Sent: Thursday, July 23, 200912:43PMTo: HughJ. CameronCe: GeorgeleblancSubject: HE: Meeting today - 1 prn 29 Marshall Street

l~; - , F e e ldimly

J{e{{o Hugh Cameron: o m m i S S lo r le rO f oaths- q i nq a SoIk: i lOfRamelle l.Standing

_t1s, 16el iew youarul or your 4wiFirm of Stewart 9; lChfveyrepnsent t~.wliom-wifl potentialEy 6en r y new I iuuffmtfs.I note tlU t t y o u continue to insist on e rtT1 I I 6ouspos ititms . I t . fm : y ever 4U c wsing tfiecontent s of any fetterwitl i you . Pur t l iennore , your secrets:ry was informeti tnat Iw o ulifno t 6 e a va il46 fe tonc e iv e a fetter on Saturt fay or Suruiay.jfpparmtfy, a r rm s u t t e r stampetf I'}{aruf < D e f i v e r e t P t was t i " U C O ' f J e r e 4 6y anse cur ity p en on 011 th e g1TJu:nt i6 e s i t e 1 2 seco ru l4 ry sW ac c e s s tfoor.r z T i i s fetter lias ye t to c om e into my possess ion ."' apofogize if I have, somehow, offended your sensitivit ies,"

1fugl i Came r o n yourapowHY is notel f ."fn short. you agreed to allow our dient access to the premises, today, to ensure there was no need forany immediate repair(s) and to arrange for insurance coverage for our dient. IIIa o n o t c o n c ur . .....4 te nta tiv e a gr re m en t 'WtU 6efng consi t f en t f for, as y o u put itonly fur " in spe ctio n o f 'premises"Jfug/ i Cameron fe t us no t spG t wonfs Of' 14601' tlie su6ject, Iam sure it is c fear

tliat 6ecause a CIlfI 6ac i . ._r tn 'eroccu tTet i tliat any tentative awointments c ou fi{ no t5 e c 0 1 'l S i d "e r e t c o n f i r m e 4 . C J W J n t ?

O J cou r s e you tfo no t liaw a c on finne tl appo in tm en t fo r to d'ay .

qIian{you R j n t f E yqOTJen t yourself a c c o r t : f U I f J f y

7'2Jn009


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. ' .

Page2of5

Sincere{yaruf w i tn o utma lia a fo re th o uglit, iI I wi lT , 1Ie:{.4tionor:(r ivoity,_______ ;4:" '[1 2 ! M : u 1 T i1 . y

This e-mail message (including attachments, if any) is confidential and may be privilege(distribution or disclosure is prohibited. Disclosure t.oanyone other t.han the intended :constitute waiver of privilege. If you have received this e-mail in error, please notif:and any attachments from your computer system and records.


34/35

.._~!G~-l f,-. ':1"':ttmIy

~~~-.,~_-comr t l l ss i&;~ '< i f6a ths Page 1of5Being a S O I I < : i t O rRacheUe,L Standing.

HughJ. CameronFrom: Hugh J. CameronSent Thursday,July23,200912:52 PMTo: 'vegyandr:eQhotmail.com'Cc: '[email protected]'; Hugh J. CameronSubject Re: Meeting toda y - 1 pm - 29 Marshall Street

Thank you for youremaHYour contrary interpretation of the facts is noted.I confirm that although I was able to attend at the premises today, you have refused, now, to meet wrth me.Again I suugest you consult your own legal counsetOur ctienfs position is as stated in our earlier emails to you today.Thank you


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I

. - .~ . HugttJ. CameR1n

From; Hugh,.JCamer.onSent: Thursday., July 23, 2009 2:05PMTo: Hugh J. Cameron; ' jhon smith'Cc: '[email protected]'Subject: RE: Meeting today - 1 pm - 29 Marsha" Street

Please note the correction: "NOr, below, in paragraph 7 8eing'aSOlicitorR a c he lle L . S ta nd in gThank you

From: Hugh J. CameronSent: Thursday, July 23, 2009 11:42 AMTo: jhon smithCc: [email protected]. Subject: RE: Meeting today - 1 pm - 29 Marshall StreetDear SirThank you for your amaH.I note that you copied your email to the Solicitor for the Royal Bank of Canada. I am doing the same.You are, I believe, fully aware of who I am and who I represent from our two telephone conversations and from theletter I de4ivered to the premises which we discussed during our telephone conversations.I advised the City of Fredericton Police Department that we would be visit ing the property to avoid any appearance ofany impropriety. Your email notes that I informed you of this when we spoke on the telephone.Neither I, nor our dient, have ever made any "attempts to enter your hOme" at any time, on any other tenns other thanas we discussed and you agreed.' .I apologize if t have, somehow, offended your sensitivities. I do note that I did asked you on Monday to telephone meand you have not.I do understand that you have been infom1ed by the SoUcitor for the Royal Bank of Canada that you are required tovacate the premises. Our client extended an invitation to you to dlscuH the possibility of either providing you wrthadditionaJitit i' le to remove your betongings, or, alternatively, the possibil ity of entering into a lease with our client. lNhenwe _~Your.xP_ both yourgralitudeforthaloIftIr andan open";IO_,,,, p.......it You qtd.NQI xpress any doubt or offence. VVIthout your agreement to view the premises, today, none of theseoptions . be coming. As such, I suggest you adhere to the time line. for your departure from the premises asdidated . I am not otherwise able to offer any cooperation to you and highly recommend that you consult yourown legal counsel.In short, you agreed to allow our dient access to the premises, today. to ensure there was no need for any immediaterepair(s) and to arrange for insurance coverage for our dient. I am not in any position to force your assistance orcooperation in that, or any, regard and I nave no intention of attempting to do so.I take it from your email below that this will not occur today. If I am incorrect. please advise me as I had planned to bethere today at 1 pm.T h a n k you

Hugh J. Cameron

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Sept. 8, 2009, Affidavit of Fredericton, Lawyer Hugh J. Cameron, retained by Mecca Corporation,...

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