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Court of Appeal File Number: 82 10 - CA

(Court File Number: F/C/104/09)

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN:

ANDRE MURRAY

APPELLANT (Plaintiff)

- and -

BETTY ROSE DANIELSKI

RESPONDENT (Defendant)

Appeal Book

Filed by self represented

APPELLANT

ANDRE MURRAY

Andr Murray

APPELLANT

(Plaintiff)

31 Marshall Street,

Fredericton,

New Brunswick,

E3A 4J8

Telephone Number:

(506) 472 - 0205E-mail address:

andremurraynow@

gmail.com

Solicitor for

RESPONDENT (Defendant)

Betty Rose Danielski

E. Thomas Christie, QC

CHRISTIE LAW OFFICE

Suite 306,

212 Queen Street

Fredericton,

New BrunswickCanada

E3B 1A8

Tel: (506) 472 2090

Fax: (506) 472 2091

E-Mail: tclaw@nb.aibn.com

Betty Rose Danielski

RESPONDENT (Defendant)

Apt 603

166 Carlton Street

Toronto, Ont.

M5A 2K5

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i

Appellants Appeal Book

(Rule 62.13)

INDEX

Page

1. (a) an index, ___________________________________________________

2. (a.1) a Certificate of Readiness (Form 62HH),_________________________

3. (b) a copy of the Notice of Appeal

Notice of Appeal August (Form 62B) _______________________________

4. (c) a copy of any order granting leave to appeal

DECISION- COURT OF APPEAL OF NEW BRUNSWICK-

- Date of decision August 11, 2010

- Court Filed Date stamped August 11, 2010

The time for filing a Notice of Appeal is extended to August 20, 2010.___

5. (e) a copy of the pleadings as amended, including particulars and admissions,

Copy of Amended Notice of Motion, Dated the 31st day of May, 2010,

Court File Stamped Dated the 31st day of May, 2010 ___________________

6. (f) a copy of the order of the trial court appealed from

Decision of The Honorable Justice Garnett, Dated Jun 10. 2010 __________

7. (g) a copy of the certificates or agreement referred to in Rule 62.10, and

Certificate of Appellant (Form 62F) Dated the 2nd

day of September 2010,__

8. (h) a copy of any affidavit evidence,

9. Copy of a Affidavit of Service by George Mallai Dated November 9th,

2009__________________________________________________________

10. Copy of a Claim for Lien Dated April 16, 2009________________________

11. Copy of a Certificate of Pending Litigation Dated April 21, 2009________

12. Copy of a Notice of Action (Form 16 B) Dated April 21, 2009. ___________

i

1

2

11

13

16

17

21

22

26

27

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2

13 Copy of a Statement of Claim (Form 16 C) Dated May 20, 2009._________

14. Copy of a Amended Statement of Claim (Form 16 C) Dated Aug 21, 2009._

15. Copy of Affidavit of Service by Andre Murray Dated April 20, 2010._____

16. Copy of a Notice of Motion Dated April 20, 2010._____________________

17. Copy of Affidavit of Andre Murray Dated April 20, 2010._______________

18. - Exhibit A - Copy of the Certificate of Pending Litigation________

19. - Exhibit B- Copy of a e-mail from George LeBlanc of Cox and

Palmer regarding entrance to the subject Property sent October 26,

2009 ____________________________________________________

20. - Exhibit C- Copy of a Power of Attorney dated November 14, 2002 __

21. Copy of Affidavit of Service by Andre Murray Dated May 31st, 2010._____

22. Copy of Amended Notice of Motion Dated May 31st, 2010.______________

23. Copy of Affidavit 2 of Andre Murray Dated May 31st, 2010._____________

24. - Exhibit D- Copy of a 6 page Service New Brunswick Print of ParcelInformation / Property Information report, dated Aug 8, 2009____________

25. - Exhibit E- Copy of a Deed Dated October 24, 2000 ________________

26. - Exhibit F- Copy of a letter from George Mallia, of CANADIANPROCESS SERVING INC. Toronto Office, Dated November 8, 2009______

27. - Exhibit G- Copy of the invoice, dated November 23, 2009 fromCANADIAN PROCESS SERVING INC._______________________

28. - Exhibit H- Copy of a UPS Services Waybill Tracking numberE838 688 798 9 Dated October 20, 2009_____________________________

29. - Exhibit I - Copy of a UPS Services Proof of Service Digital SignatureTracking number E838 688 798 9 Dated October 20, 2009_______________

30. - Exhibit J- Copy of a UPS Services Waybill Tracking numberE838 688 792 5 Dated October 20, 2009_____________________________

31. - Exhibit K- Copy of a UPS Services Proof of Service Digital SignatureTracking Number E838 688 792 5 Dated October 20, 2009______________

31

35

39

42

45

52

53

54

55

58

61

65

71

77

78

80

81

82

83

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3

32. - Exhibit L - Copy of a UPS Delivery Service Invoice, regarding twosuccessfully delivered packages Dated October 31, 2009______________

31. - Exhibit M - Copy of the envelope containing a letter from BettyDanielski to Andre Murray Dated April 1, 2009_____________________

32. - Exhibit N - Copy of a letter from Betty Danielski to Andre MurrayDated April 1, 2009____________________________________________

33. - Exhibit O - Copy of Lease for 29 Marshall Street 31 Marshall Streetproperty, Dated September 1, 2005_________________________________

34. - Exhibit P - Copy of REVOCATION OF POWER OF ATTORNEYDated May 29th, 2008 __________________________________________

35. - Exhibit Q - Copy of the Order from the Court of Queens Bench

Trial Division, Moncton, Dated: October 20

th

, 2009____________________

36. Copy of the Affidavit of service of the Plaintiff Andre Murrays letter to the

Defendant requesting Documents pursuant to the Mechanics' Lien Act,

R.S.N.B. 1973, c. M-6, section 32(1), Dated: May 31, 2010._______

37. Copy of Andre Murrays letter to the Defendant requesting Documents

pursuant to the Mechanics' Lien Act, R.S.N.B. 1973, c. M-6,

section 32(1), Dated: May 31, 2010._______________________________

38. Copy of The Plaintiff Andre Murrays Affidavit of Service of the Plaintiff

Andre Murrays letter to the Defendant requesting Consent to a

Continuance Dated: May 31, 2010._________________________________

39. Copy of Plaintiff Andre Murrays letter to the Defendant requesting

Consent to a Continuance Dated: May 31, 2010._______________________

40. Copy of Affidavit of Andre Murray, Dated: June the 17th day of June, 2010_

41. - Exhibit A - Copy of Decision of the Court Dated: June 10, 2010.__

42. - Exhibit B- Copy of the fax cover page which was received

with the Decision of the Court Dated June 10, 2010._______________

43. - Exhibit C- Vendor RBC - Bidding Papers & Terms of SaleDated July 16, 2009_________________________________________

44. - Exhibit D- Copy ofthe Property Information Report for PID number1548650, printed from Service New Brunswick, on Queen Street,

Fredericton, N.B., dated June 17, 2010.____________________________

84

87

88

89

94

96

97

100

103

106

109

117

118

119

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4

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(a.1) a Certificate of Readiness (Form 62HH),

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(b) a copy of the Notice of Appeal,

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(c) a copy of any order granting leave to appeal,

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(e) a copy of the pleadings as amended,

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(f) a copy of the order of the trial court appealed from.

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(g) a copy of the certificates or agreement referred to in Rule 62.10, and

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(h) a copy of any affidavit evidence, or

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