Wednesday 16 January 2013

Contents



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

                                                                        INTENDED APPELLANT (Plaintiff)


-and-


BETTY ROSE DANIELSKI

                                      
                                                                          INTENDED RESPONDENT (Defendant)


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Copy of June 10, 2010, Court Decision being Appealed, of Madame Justice Paulette C. Garnett, which is subject of this Notice of 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
62B Notice of Appeal
62F Certificate of Appellant
62HH Certificate of readiness
18A Acknowledgement of Receipt Card
18B Affidavit of Service
37A Notice of Motion
Affidavit

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The Court of Appeal of New Brunswick, File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

(1) Motion 1; June 17, 2010 - Notice of Motion for Leave to Appeal
A Notice of Motion for Leave to Appeal (Form 62A) shall be served within 7 days from the date of the order or decision sought to be appealed
           
Motion/Affidavit

 Motion
June 17, 2010, Notice of Motion for Leave to Appeal. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 

Affidavits in support
June 17, 2010 Affidavit filed in Support of Notice of Motion for leave to Appeal. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 


Record on Motion
The record on a motion shall consist of
(a) an index,
(b) a copy of the notice of motion,
          June 17, 2010, Notice of Motion for Leave to Appeal
(c) a copy of the order or decision sought to be appealed,
          June 10, 2010, Court Decision being Appealed. The Court of Appeal of N.B. File Number 80/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 
(d) a copy of the pleadings, if any, and
(e) a copy of any affidavits or other evidence relevant to the appeal.
         June 17, 2010 Affidavit filed in Support of Notice of Motion for leave to Appeal.


Brief / Submission

Appellant's Submission
Aug 9, 2010 INTENDED APPELLANT's Submission used to successfully argue for Leave to Appeal.  The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

Respondents Submission
none

Brief
Applicants Brief
none
Respondents Brief
not on file at this time


Miscellaneous Documents

Cover Letters

June 17, 2010 filing receipt for Leave to Appeal. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

June 17, 2010 hand written receipt of service on Max, for Notice of Motion for Leave to Appeal and supporting Affidavit Max is assistant to Thomas Christie.  The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

August 3, 2010, 82.10.CA Affidavit of Service for Notice of Motion for Leave to Appeal and supporting Affidavit on Max, assistant to Thomas Christie.  The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI


August 9, 2010, 82.10.CA Affidavit of Service Leave to Appeal Documents, Record on Motion, Brief, etc., in  The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 

August 19, 2010,  82.10.CA Affidavit of Authenticity of submission for Notice of Motion for Leave to Appeal, in The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

Fill in the blanks fax cover page, used to facsimile documents to Solicitor Thomas Christie. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 


Decision
August 11, 2010 Order Granting Leave to Appeal. Justice Richard Bell. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

August 11, 2010, 82.10.CA Decision, Leave to Appeal granted. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI






 Appeal

Notice of Appeal
August 20, 2010, Notice of Appeal. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

Certificate Appellant
September 2, 2010,  Certificate of Appellant. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

September 20, 2010, Amended Certificate of Appellant. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

 Appeal Book
Sept 20, 2010 Appeal Book. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 

Book of Essential References
October 5, 2010 Book of Essential References. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 

Appellant’s Submission
September 20, 2010 Appellant's Submission to The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI
Oral Argument prepared to be presented for Court of Appeal Hearing. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI
Respondent’s Submission
not in file at this time

Miscellaneous documentation

August 31, 2010 Notice to Appellants. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

October 1, 2012 Letter from Court of Appeal. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

September 17, 2010 Certificate of Readiness. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 


October 22, 2010 letter to Thomas Christie regarding service of Repondents's Submission. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI  

October 25, 2010, Affidavit of Service of Book of Essential reference. affidavit of service book of essential references The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI





Motion 2
(2) Motion 2: October 7, 2010 Notice of Motion for New Evidence.
            Motion/Affidavit Preparation documents
Motion
October 7, 2010 Notice of Motion for New Evidence. The Court of Appeal of New Brunswick File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 
Affidavits in support
June 17, 2010, Affidavit in support of motion to adduce further evidence. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

Record on Motion

Record on Motion to Adduce New Evidence. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

 
Brief
Appellant's Brief
Brief on Motion to adduce new evidence. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI 

Respondents Brief
none filed

Miscellaneous documents
Letter to Registrar regarding failure of Court ruling of Costs. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

Affidavit of service of materials for Motion to adduce new evidence. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

October 7, 2010 unsigned Notice of Motion for New Evidence. The Court of Appeal of New Brunswick File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI

 October 7, 2010  unsworn Affidavit supporting Notice of Motion to Adduce New Evidence The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI




Decisions

 January 13.2011,  Judgement, Appeal Granted. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI.


 Direct link to Decision on gnb.ca website:
http://www.gnb.ca/cour/03COA1/Decisions/2011/January/Murray-DeschenesJA-judgment-January10.pdf

January 13.2011,  Formal Judgement, Appeal Granted. The Court of Appeal of N.B. File Number 82/10/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI