Friday 11 January 2013

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              Court of Appeal File Number: 40-12-CA
                                (Court File Number: FC4511)

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN:                       

ANDRE MURRAY
                                                INTENDED APPELLANT (Plaintiff)
                                                         
-and-

TRINA RODGERS,
                                                INTENDED RESPONDENT (Defendant)




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  Copy of March 12, 2012, impugned Court Order of Madame Justice Judy Clendening, which is subject of this Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

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

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Notice of Motion For Leave to Appeal filed in Court of Appeal of New Brunswick.
Court of Appeal of N.B. File Number 50-12-CA Andre Murray V. The New Brunswick Police Commission.

(1) Motion Date
            INTENDED APPELLANT's Motion/Affidavit  documents

Motion- Notice of Motion For Leave to Appeal to New Brunswick Court of New Brunswick:
April 5, 2012, Motion for Leave to Appeal FORM 62A. Court of Appeal File Number 40-12-CA: Notice of Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Affidavits in support:
April 5, 2012, Affidavit of Andre Murray, supporting Motion for Leave to Appeal FORM 62A. Court of Appeal File Number 40-12-CA: Notice of Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Affidavits in response:
April 27, 2012 Affidavit of Intended Respondent Trina Rodgers in response to April 5, 2012, Affidavit of Andre Murray, supporting Motion for Leave to Appeal FORM 62A. Court of Appeal File Number 40-12-CA: Notice of Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.



Record on Motion

RECORD ON MOTION
INDEX
For
NOTICE OF MOTION FOR LEAVE TO APPEAL
Filed by INTENDED APPELLANT (Plaintiff)
ANDRE MURRAY
Scheduled to be heard on the May 7, 2012, at 2:00 p.m.
 ____________________________________________________________________

                                                                                                                                TAB

(3) The record on a motion under paragraph (1) shall consist of

(a) an index, _____________________________________________________________     i

(b) a copy of the notice of motion,

NOTICE OF MOTION FOR LEAVE TO APPEAL (FORM 62A)
Dated April 5, 2012  _______________________________________________________   1

(c) a copy of the order or decision sought to be appealed,

Transcript of March 12, 2012 Oral Decision, Court File Date Stamped April 13, 2012 ___   2

(d) a copy of the pleadings, if any, and

AMENDED NOTICE OF MOTION (FORM 37A),
Dated February 27, 2012; __________________________________________   3

NOTICE OF MOTION (FORM 37A), Dated February 12, 2012;  __________   4

(e) a copy of any affidavits or other evidence relevant to the appeal.

1. Affidavit of Service of Andre Murray; Dated May 5, 2012 _________________  5

2. Affidavit of Andre Murray; Dated April 5, 2012. _________________________ 6

3. Affidavit of Trina Rodgers; Dated April 27, 2012. ________________________ 7

4. Affidavit of Andre Murray; Dated April 27, 2012 ________________________  8

5: Affidavit of Service of Andre Murray; Dated March 6, 2012 _______________  9

Affidavit of Andre Murray; Dated February 10, 2012. ___________________  10

Affidavit of Shane Henry; Dated February 7, 2012  _____________________  11

Affidavit of Mary Patricia Elizabeth Eaton; Dated February 10, 2012. ______   12

6: Affidavit of Trina Rodgers; Dated March 5, 2012. _______________________   13

Exhibit A - Affidavit 1 of Andre Murray; Dated October 3, 2011. __________   14

Exhibit B - Affidavit A of Andre Murray; Dated January 9, 2012. __________   15

Exhibit C - Amended Notice of Motion; Dated February 27, 2012; __________  16

Exhibit D - Affidavit of Andre Murray; Dated February 10, 2012 ___________  17

Exhibit E - Internet Print Out________________________________________  18

Exhibit F - Envelops sent to Defendants  _______________________________19
                       


Filed Briefs
INTENDED APPELLANT's
May 3, 2012, Brief on Motion for Leave to Appeal to Court of Appeal of  New Brunswick, File Number 40-12-CA: 


INTENDED RESPONDENT's
None filed




Miscellaneous other documents relevant to this file:

May 3, 2012, Affidavit of Service on Trina Rodgers of a Notice of Motion for Leave to Appeal FORM 62A and supporting Affidavit. Court of Appeal File Number 40-12-CA: Notice of Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.


Decisions/Court Orders

May 28, 2012, Decision from Justice Richard. Decision on Motion for Leave to Appeal FORM 62A Court of Appeal File Number 40-12-CA: Notice of Motion for Leave to Appeal to the COURT OF APPEAL OF NEW BRUNSWICK.

Direct link to Judgement on gnb.ca Court of appeal of New Brunswick Website:
http://www.gnb.ca/cour/03COA1/Motiions/2012/May/20120531MurrayvRodgers.pdf