72.12.CA September 28.12 Response to Status Report

Hello Mr. Michael J. Bray, Q.C.,

RE: File Number 72-12-CA ANDRE MURRAY v. THE CITY OF FREDERICTON and others,

                                                       

  I did receive September 25, 2012  Service of a REQUEST FOR STATUS REPORT (FORM 62J) signed by Dominique Harvey, Deputy Registrar Dated September 24, 2012. 

As you Michael J. Bray are Registrar of Court of Appeal I will inform you that Madame Justice Judy L. Clendening sitting at the Court of Queen’s Bench, Trial Division, Fredericton New Brunswick on the 10th, day of September 2012, did render a Oral decision which, inter alia,  Stayed the Action Court File FC/45/11 (same Court of Queens Bench File corresponding with Court of Appeal File 72-12-CA)  further outrageously unfair/unjust orders of Madame Justice Judy L. Clendening are such that I have been Ordered to pay $5000 as an surety in the event that I fail to receive a favorable decision from Court of Appeal possible costs occurring should I lose my Appeal.

Furthermore Justice Judy L. Clendening Ordered that should I fail to pay this $5000 surety as a consequence Andre Murray as Plaintiff will be deemed to have abandoned the Appeal corresponding with Appeal Court file number 72-12-CA, unless $5000 is deposited with the Clerk of the Court of Queen’s Bench, by September 30, 2012.

NOTICE: I consider this subject decision impugned, unfair/unjust; consequentially, I will be filing an appeal to overturn the subject September 10, 2012 decision and outrageously unfair/unjust conditions, so that I may move forward with Court of Appeal File 72-12-CA and have this subject Appeal heard on its merits.    

Attached hereto is the subject impugned decision of Madame Justice Judy L. Clendening sitting at the Court of Queen’s Bench, Trial Division, Fredericton New Brunswick on the 10th, day of September 2012 most notably continuing to insist the she preside over my matters despite my objections of her has a preliminary matter having just refused to hear a Motion to Recuse herself. 

In the mean time I wish you a fabulous weekend.

 Sincerely and without malice, aforethought, ill will, vexation, or frivolity.

_____________________

André  Murray

Please see Scanned copy of:

October 5, 2012 cover letter to the Registrar. 

 http://www.scribd.com/doc/109816507/72-12-CA-Oct-5-12-Cover-Lett-Response-to-Status-Report

72.12.CA September 28.12 Response to Status Report


http://www.scribd.com/doc/109821098/72-12-CA-Sep-28-12-Response-to-Status-Report


May 11.12 4 FC-45-11 Motions Decision

http://www.scribd.com/doc/109820311/May-11-12-4-FC-45-11-Motions-Decision

Request for Status Report FORM 62J from the Court of Appeal

If, you are a Self Represented Litigant, in New Brunswick, Canada, however, once you file your Notice of intent to Appeal the time clock begins to count down the days, consequentially,  if you required more time than is allowed, (according to Rules of Court - 4 Months) for the preparation of your final documents to be ready for submission, you will likely receive correspondence from Michael Bray office,  who is the Registrar for the The New Brunswick Court of Appeal:


Request for Status Report FORM 62J from the Court of Appeal regarding 72-12-CA:
http://www.scribd.com/doc/108857807/72-12-CA-September-24-2012-Request-for-Status-Report-FORM-62J-8x11-from-the-Court-of-Appeal-regarding-72-12-CA


 I have been assured by previous Registrar Michael Bray, that this occurs regularly. So much so, that the Rules of Court were amended to allow this process because the Court Dockets (the official schedule of proceedings in law suits pending in a Court of Law) were commonly "filling up" and or "backed up" with time extension motions, consequentially, it has become necessary to amend the Rules of Court to accommodate this reality. 


When receiving one of these subject Request for Status Report FORM 62J from the Court of Appeal regarding 72-12-CA , all that is required of you is your explanation within 30 days, (Please note: you only have 30 days from receipt of letter, to file and serve your reply letter); things should be fine.


I will keep you (readers) posted as to my Request for Status Report FORM 62J, sent, therefore, to Michael Bray's office,  who is the Registrar for the The New Brunswick Court of Appeal, furthermore, regarding 72-12-CA  and the results thereof.


Relevant New Brunswick Rules of Court, Rule 62.15.1: (http://www.gnb.ca/0062/regs/Rule/RULE62.pdf)

62.15.1 Failure to Perfect Appeal Within Four Months

(1) If an appeal is not perfected within 4 months after

the date of the order, decision or judgment appealed from,

the Registrar shall mail a Request for Status Report (Form

62J) to the appellant’s solicitor of record or to the appellant

if the appellant does not have a solicitor of record and

shall mail a copy thereof to each other solicitor of record

and to any other party to the appeal who does not have a

solicitor of record.

(2) The appellant’s solicitor of record or the appellant,

as the case may be, shall respond to the Request for

Status Report within 30 days and shall send a copy of his

or her response to the solicitors of record and to the parties

to the appeal who do not have a solicitor of record.

(3) The Registrar shall present the response of the appellant’s

solicitor of record or of the appellant, as the case

may be, to a judge of the Court of Appeal who shall determine

whether a Notice of Status Hearing (Form 62K)

should be issued and the judge

(a) may direct the Registrar to issue a Notice of Status

Hearing, or

(b) may, if satisfied with the status of the appeal, direct

the Registrar to mail another Request for Status

Report at a fixed date if the status of the appeal is unchanged.

(4) When the appellant’s solicitor of record or the appellant,

as the case may be, does not respond to a Request

for Status Report or when a judge of the Court of Appeal

so directs, the Registrar shall

(a) obtain from a judge of the Court of Appeal a date

for a status hearing, and

(b) at least 60 days before the date obtained under

clause (a) mail a Notice of Status Hearing to the solicitors

of record and to any party to the appeal who does

not have a solicitor of record.

(5) The Registrar shall certify to the judge presiding

at the status hearing the names and addresses of the solicitors

of record and the parties to whom the Registrar has

sent a Notice of Status Hearing and the date of mailing

thereof.

(6) Unless the appeal has been perfected or discontinued

before the date fixed for the status hearing, the solicitors

of record or their properly instructed agents and the

parties to the appeal who do not have solicitors of record

shall attend. The parties to the appeal who have solicitors

of record may attend on the status hearing. Where a party

to the appeal who has a solicitor of record does not attend,

the solicitor shall, on the status hearing, file proof that a

copy of the notice was served on his or her client.

(7) On the status hearing, the presiding judge may

(a) order the appeal to be perfected within a specified

time,

(b) adjourn the status hearing to a fixed date,

(c) dismiss the appeal, or

(d) make such other order as may be just.

(8) Unless the appeal is perfected or discontinued

within the time so ordered, the Registrar shall dismiss the

appeal for delay and shall notify all parties to the appeal

of the dismissal.

(9) A dismissal of an appeal under clause (7)(c) or

paragraph (8) shall be with costs unless the judge presiding

at the status hearing orders otherwise.