Court File Number: F/C/45/11 IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF FREDERICTON

BETWEEN: ANDR MURRAY Plaintiff, -andTHE CITY OF FREDERICTON, FREDERICTON POLICE FORCE, CHIEF OF POLICE BARRY MACKNIGHT, SERGEANT MYERS, CONSTABLE MIKE FOX, CONSTABLE PATRICK SMALL, CONSTABLE NANCY RIDEOUT, JOHN DOE 1, TRINA RODGERS NEIL RODGERS CONSTABLE DEBBIE STAFFORD, CONSTABLE MICHAEL SAUNDERS, JOHN DOE 2 Defendants, AFFIDAVIT C I, Plaintiff Andr Murray, inhabitant of THE CITY OF FREDERICTON, County of York, in the Province of New Brunswick, Artist, MAKE OATH AND SAY AS FOLLOWS: 1. I Andr Murray as above indicated am the Plaintiff in this matter as such have personal knowledge of the matters herein deposed to except where otherwise stated;

2. furthermore, I Plaintiff Andr Murray, am since year 2005 and currently a Residential Leasehold Tenant residing at 31 Marshall Street, in THE CITY OF FREDERICTON, New Brunswick; 3. I Plaintiff Andr Murray while travelling by bicycle within THE CITY OF FREDERICTON, May 7, 2008, was intercepted members of FREDERICTON POLICE FORCE then without warning physically attacked resulting in injuries by the conduct of members of the FREDERICTON POLICE FORCE during the arrest procedure. 4. I Plaintiff Andr Murray required months, of physical therapy to recover from my subject injuries thereby suffered at the hands of members of the FREDERICTON POLICE FORCE, moreover the subject injuries are entirely as a consequence of the actions of members of the FREDERICTON POLICE FORCE during the subject May 7, 2008 incident. 5. I Plaintiff Andr Murray have immediately following said subject May 7, 2008 incident, been continuously pursuing remedy regarding this matter. 6. Tuesday, May 5, 2009 at 3:34 PM, I Andr Murray did file a complaint against the FREDERICTON POLICE FORCE, regarding the May 7, 2008 incident, with the NEW BRUNSWICK POLICE COMMISSION. The subject Complaint, of which was titled Complaint against members of the Fredericton City Police Department was sent by Andr Murray using e-mail: andremurraynow@gmail.com to: NBPC@gnb.ca 7. May 5, 2009 at 4:13 PM I Andr Murray did receive an acknowledgement of receipt of my e-mail correspondence from Jocelyn (Josh) Ouellette Executive Director as he then was of The NEW BRUNSWICK POLICE COMMISSIONregarding my complaint against members of FREDERICTON POLICE FORCE, regarding the May 7, 2008 incident. 8. Tuesday, June 16, 2009 at 11:26 AM I Andr Murray did receive a email reply from Office of Professional Standards of the FREDERICTON POLICE FORCE, acknowledging receipt of my complaint from: S/Sgt. Daniel R. Copp using his email address: danny.copp@fredericton.ca to: Andremurraynow@gmail.com the subject of the email was Your complaint against members of the FREDERICTON POLICE FORCE

9. Chief of Police Barry MacKnight, did write a letter, Dated September 29, 2009, Notifying me Andr Murray of his decision to summarily dismiss my complaint, FREDERICTON POLICE FORCE File number, (FPF File 0910302) regarding Plaintiff Andr Murrays complaint, against the FREDERICTON POLICE FORCE, regarding the May 7, 2008 incident. RTIPPA Request - Police Commission file number 2010-RTIPPA-02. 10. Contrary to reasonable or common sense behavior, further the subsequent utterly absurd or ridiculous justification of FREDERICTON POLICE FORCE regarding the above mentioned subject incident of May 7, 2008 obliged that I Andr Murray, September 27, 2010, pursuant to Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6 apply for correspondence and other documents, which may reveal other possible motivations for the outrageously violent behavior directed at Andr Murray by members of FREDERICTON POLICE FORCE while at the same time occurring in the presence of Trina Rodgers as a witness sitting in the front seat of an unmarked Police Detective Saunders car. 11. I Andr Murray as a consequence of having filed complaints with both NEW BRUNSWICK POLICE COMMISSION(File: 2110 C- 09- 09), and the FREDERICTON POLICE FORCE regarding the here within above mentioned Wednesday May 7, 2008 arrest of Applicant Andr Murray, therefore any subsequent investigations and results/conclusions determined thereof, must be made available for the Applicant (in this case) to peruse according to RTIPPA (Police Commission file number 2010-RTIPPA-02). 12. Fri, Nov 5, 2010 at 3:27 PM, I Andr Murray, received a letter from The New Brunswick Police Commission, which read After seeking third party intervention from the FREDERICTON POLICE FORCE, we are partially granting access to the requested records. The letter indicated that The NEW BRUNSWICK POLICE COMMISSIONwould be disclosing a portion of the records requested and notably that the FREDERICTON POLICE FORCE was involved in that decision. 13. December 9, 2010, I Andr Murray did receive a reply correspondence from New Brunswick Police Commission, stating inter alia that NEW BRUNSWICK POLICE COMMISSIONin spite of RTIPPA (Police Commission file number 2010-RTIPPA-02) NEW BRUNSWICK POLICE COMMISSIONis declining Andr Murray full access to documents specific to

this subject matter, further, in particular an Appendix C which consists of the investigation report prepared by the FREDERICTON POLICE FORCE and copy provided to New Brunswick Police Commission. Please Note NEW BRUNSWICK POLICE COMMISSIONis prepared to provide only partial disclosure of the investigation report. 14. NEW BRUNSWICK POLICE COMMISSIONin spite of RTIPPA has confirmed verbally, further placed into written correspondence addressed to Andr Murray denying full access to documents in their possession, specific to this matter - 48 pages of Appendix C. 15. January 13, 2011 NEW BRUNSWICK POLICE COMMISSIONdid partially make available the above mentioned subject documents as requested by Andr Murray pursuant to NEW BRUNSWICK POLICE COMMISSIONFile: 2110 C- 09- 09 further, NEW BRUNSWICK POLICE COMMISSIONFile: 2010 RTIPPA- 02. 16. I Andr Murray, subsequently, having reviewed subject NEW BRUNSWICK POLICE COMMISSIONFile: (File: 2110 C- 09- 09 ) 2010 RTIPPA- 02, subject investigation report summary and conclusion revealed the cause of Applicant Andr Murrays battery and arrest resulted and caused by persons being obscured - the following is an exact excerpt: Investigative Summary blacked out, a blacked out has provided a statement that he observed a male closely matching the description of a suspect in some type of crime, as a result he contacted the police station, and Cst. Debbie Stafford attended the area and attempted to stop and identify the individual. 17. The partial disclosure did reveal that the Fredericton Police were called by a person who gave a description of someone matching the Plaintiffs description engaged in some illegal activity and that was the actual reason why the Plaintiff was initially accosted May 7, 2008. RTIPPA - Referral with Queens Bench 18. I Andr Murray did file with Court of Queenss Bench Client Services On January 10, 2011, FORM 1 REFERRAL, Dated January 10, 2011. 19. On the 8th day of February, 2011, at 2:15 PM I Andr Murray as APPLICANT in that matter, served RESPONDENT New Brunswick Police Commission, with FORM 1 REFERRAL (Right to Information and Protection

of Privacy Act, S.N.B. 2009, c.R-10.6, s.65(1)(a)) dated the 10th day of January, 2011, by leaving a copy New Brunswick Police Commission, at NEW BRUNSWICK POLICE COMMISSIONOffice located at 435 King Street, Suite 202, Fredericton N.B. with Coordinator Pauline Philibert, for RESPONDENT in that matter. 20. The matter of a referral was rescheduled several times, until finally heard August 11, 2011, regarding both Court File Nos. F/M/1/11 and F/M/22/11. As a part of the Referral request, the Plaintiff is attempting to have an Order namely: A. Order an investigation to determine is there is substance to the alleged abuse and malicious manipulation of the FREDERICTON POLICE FORCE services. B. The Investigation shall reveal the excessive volume of `non productive` complaint telephone calls regarding the Applicant and or Applicants residence 29 31 Marshall Street over the 6 year period from 2005-2011 C. The Investigation shall reveal the number of non event responses by FREDERICTON POLICE FORCE to Investigate the Applicant and or Applicants residence 29 31 Marshall Street over the 6 year period from 2005-2011 D. Moreover, the Investigation may conclusively reveal the unfounded substance of the telephone reports and complaints to FREDERICTON POLICE FORCE regarding the Applicant and or Applicants residence of 29 31 Marshall Street over the 6 year period from 2005-2011. E. The Investigation may reveal the identity of the telephone reports and determine why the complaints are without substance nevertheless caused suffering of the innocent Applicant by relentless stalking and or surveillance or the Applicants residence of 29 31 Marshall Street occurring regularly over the 6 year period from 20052011. F. Finally Order full disclosure of same investigation to the Applicant that the Applicant may acquire a Cease and desist Order for his protection.

21. The Referral Court File Nos. F/M/1/11 and F/M/22/11, results are still pending. Plaintiff Andr Murray verily believes and the balance of probability, is that through the Plaintiffs actions to try to gain access to the FREDERICTON POLICE FORCE Files, the FREDERICTON POLICE FORCE must have been made aware that I Andr Murray was attempting to gain a Court order, to order the Police to reveal their files and the identity of the unnamed caller. Filing Action - Court File Number: F/C/45/11 22. March, 4, 2011 I Andr Murray did file a NOTICE OF ACTION WITH STATEMENT OFCLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11 with the Court Client Services Fredericton New Brunswick. 23. On the 2nd day, of September, 2011, at 3:55 PM, I Andr Murray, served, Defendants THE CITY OF FREDERICTON and others, with a NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number: F/C/45/11 by leaving a copy, with (THE CITY OF FREDERICTON) Acting City Administrator and (THE CITY OF FREDERICTON) Assistant City Clerk Chris MacPherson, at City Hall, 397 Queen Street, Fredericton N.B. 24. September, 8, 2011, I Andr Murray did file (within 7 days of service of original claim) a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 with the Court Client Services, Fredericton, New Brunswick. 25. On the 9th day, of September, 2011, at 2:09 PM, I Andr Murray, served, Defendants THE CITY OF FREDERICTON and others, a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 by sending to City Solicitor Michelle Brzak, for subject named Defendants THE CITY OF FREDERICTON and others a facsimile of herewithin above described documents, accompanied by a copy of a cover page marked by telephone transmission to City Solicitors Fax 506-460-2128. 26. On the 15th day, of September, 2011, at 6:30 PM, accompanied by two witnesses, I Andr Murray, Pursuant to Rules of Court Rule 18.02 How

Personal Service Shall be Made 18.02 (1)(a) I Andr Murray served, Defendant Neil Rodgers, at (his place of residence) 15 Fisher Ave, Fredericton, NB, E3A 4J1 with an Envelope containing documents marked A, B, and C: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; C: A letter, Dated September, 14, 2011, requesting of Mr. Neil Rodgers his consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11; 27. On the 15th day, of September, 2011, at 6:30 PM, accompanied by two witnesses, I Andr Murray, Pursuant to Rules of Court Rule 18.03(6), served, Defendant Trina Rodgers, at (her place of residence) 15 Fisher Ave, Fredericton, NB, E3A 4J1 by leaving with Neil Rodgers (husband of Trina Rodgers) an Envelope containing documents marked A, B, and C: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; C: A letter, Dated September, 14, 2011, requesting of Trina Rodgers her consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11;

28. I Andr Murray acting as Process Server was able to identify the person Neil Rodgers (husband of Trina Rodgers) with whom I left the herewithin above mentioned Court Documents, as an adult and an occupant of the dwelling in which the person to be served resides by means of the fact that, Neil Rodgers is known to me, having previously met Neil Rodgers on several occasions, further having been a next door neighbor for a period of six years 2005 to 2011. 29. Furthermore, in accordance to Rules of Court Rule 18.03; Other Ways to Effect Personal Service 18.03(6), Service at Place of Residence; a successful attempt was made to serve Trina Rodgers, at her place of residence, during daylight hours, by leaving a copy in a sealed envelope addressed to her, with Neil Rodgers, an adult and an occupant of the dwelling in which the person to be served resides, in this way, documents marked A, B, and C, was served on Defendant Trina Rodgers by leaving a copy in a sealed envelope addressed to her, and on next day another copy of the said documents were sent prepaid mail by Canada Post, tracking number: 0067 0750 0011 9484, addressed to Defendant Trina Rodgers, at her place of residence being 15 Fisher Ave, Fredericton, NB, E3A 4J1. 30. On the 21st day, of September, 2011, at 3:40 PM, I Andr Murray, again served, Defendants THE CITY OF FREDERICTON and others, with a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 by sending to Leanne Murray, Associate with Mcinnes Cooper, Barker House, Suite 600, 570 Queen Street, PO Box 610 Fredericton NB E3B 5A6 for subject named Defendants THE CITY OF FREDERICTON and others a facsimile of herewithin above described documents, accompanied by a copy of a cover page marked B by telephone transmission to City Solicitors Fax 506 - 458 - 9903. 31. I Andr Murray verily believed, because discussions with City Solicitor Michelle Brzak and Staff Sergeant Danny Copp on previous occasions, that it was unnecessary to serve all the named members of the FREDERICTON POLICE FORCE and that law of agency applied in this instance, such that, Court document Process Service upon THE CITY OF FREDERICTON was considered service upon all of its agents. Because I am self represented and in as a cautionary step I did Endeavour to served each and every named Defendant to this Action Court File Number: F/C/45/11.

32. September 27, 2011 at 1:30 PM I Andr Murray did attend FREDERICTON POLICE FORCE Office at 311 Queen Street, Fredericton, N.B. E3B 1B1 in an attempt to process serve the subject Court documents upon the individual name Police Force member Defendants. D. S. Hughson claimed arrangements for service would be unavailable at that time, even though some of the named Police Officers were supposed to be in the very building at the time of inquiry. I was asked to call Lori Daniels, of Fredericton Legal services for further information. 33. September 27, 2011 at 2:00 PM I called the number which I was given by D. S. Hughson and spoke to Lori Daniels who directed me to call the secretary of the Chief of Police Tanya Ramsay to make an appointment and at that time I could affect Service. Further I was instructed to call ahead to make appointments to serve the other officers so as to effect timely and efficient service upon them. 34. In attempting to serve the various members of the FREDERICTON POLICE FORCE September 28, 2011 I Andr Murray did e-mail Tanya Ramsay Assistant to Barry MacKnight Chief of Police FREDERICTON POLICE FORCE at email address (Tanya.ramsay@fredericton.ca) and further, called the office several times to expedite matters. I indicated to Tanya Ramsay, that I have been advised by the City solicitors office, that Tanya Ramsay would facilitate me, to meet with and or make appointments, to meet with certain members of FREDERICTON POLICE FORCE at Fredericton City Police Force office, located at 311 Queen Street, Fredericton N.B. E3B 1B1. Namely Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Mike Fox, Constable Patrick Small, Constable Nancy Rideout, Constable Debbie Stafford, Constable Michael Saunders. I Andr Murray advised Tanya Ramsay that I have documents of a legal nature which are time sensitive and require immediate Service. 35. On the 3rd day, of October, 2011, at 10:00am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Chief of Police Barry MacKnight, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Chief of Police Barry MacKnight the following documents marked A, B, and C: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11;

B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; C: A letter, Dated October 3, 2011, requesting of Defendant Chief of Police Barry MacKnight, his consent to be added, as a party, and for that reason further requisite amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for the anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11; 36. On the 6th day, of October, 2011, at 1:00pm, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Constable Patrick Small, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Constable Patrick Small the following documents marked A, B, and D: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; D: A letter, Dated October 3, 2011, requesting of Defendant Constable Patrick Small, his consent to be added, as a party, and for that reason further requisite amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for the anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11; 37. On the 7th day, of October, 2011, at 10:00 am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Sergeant Matt Myers, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Sergeant Matt Myers the following documents marked A, B, and E:

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A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11 Court File Number: F/C/45/11; E: A letter, Dated October 3, 2011, requesting of Defendant Sergeant Matt Myers, his consent to be added, as a party, and for that reason further requisite amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for the anticipated convenience of the of Defendant Sergeant Matt Myers was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11 Court File Number: F/C/45/11; 38. On the 7th day, of October, 2011, at 10:00 am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Constable Debbie Stafford, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Constable Debbie Stafford the following documents marked A, B, and F: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; F: A letter, Dated October 3, 2011, requesting of Defendant Constable Debbie Stafford, her consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11;

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39. On the 9th day, of October, 2011, at 11:00 am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Constable Mike Fox, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Constable Mike Fox the following documents marked A, B, and G: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011 Court File Number: F/C/45/11; G: A letter, Dated October 3, 2011, requesting of Defendant Constable Mike Fox, his consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a drafted DEFENDANTS CONSENT FORM Court File Number: F/C/45/11; 40. On the 11th day, of October, 2011, at 10:20 am, I Andr Murray, Pursuant to Rules of Court Rule 18.02, 1(a), served, Defendant Constable Nancy Rideout, at FREDERICTON POLICE FORCE 311 Queen Street, Fredericton, NB E3B 1B1 by leaving with Defendant Constable Nancy Rideout the following documents marked A, B, and H: A: NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number: F/C/45/11; B: AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011 as AMENDED Dated September, 8, 2011, Court File Number: F/C/45/11; H: A letter, Dated October 3, 2011, requesting of Defendant Constable Nancy Rideout, her consent to be added, as a party, and for that reason further amendments to the original NOTICE OF ACTION WITH STATEMENT OF CLAIM Dated March, 4, 2011, further, for that reason, included for anticipated convenience of the Defendant was attached a

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drafted DEFENDANTS CONSENT FORM, Court File Number: F/C/45/11; Defendant THE CITY OF FREDERICTON and Defendant FREDERICTON POLICE FORCE 41. I contest paragraph 6 of a Affidavit dated November 21, 2011, of Defendant Chief of Police Barry MacKnight, in which is claimed that Prior to September 21, 2011, THE CITY OF FREDERICTON /FREDERICTON POLICE FORCE had no notice or knowledge of the Plaintiffs claim against them regarding a May 7, 2008 incident, as outlined in the Amended Claim. Contrary to as herewithin claimed by Defendant Chief of Police Barry MacKnight, regarding lack and or delay of service of the subject Amended Claim; THE CITY OF FREDERICTON / FREDERICTON POLICE FORCE were in fact served in accordance with Rules of Court;
May this please the Court: Rule 18.02 How Personal Service Shall be Made (1) Personal service shall be made as follows: Municipality (b) on a municipality, by leaving a copy of the document with any solicitor for the municipality;

On the 9th day, of September, 2011, at 2:09 PM, I Andr Murray, served, Defendants THE CITY OF FREDERICTON and others, a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 by sending to City Solicitor Michelle Brzak, for subject named Defendants THE CITY OF FREDERICTON et al. a facsimile of herewithin above subject documents, accompanied by a copy of a cover page marked by telephone transmission to City Solicitors Fax 506-460-2128. 42. Furthermore, THE CITY OF FREDERICTON /FREDERICTON POLICE FORCE did receive Notice, by way of a complaint which I Andr Murray filed at 3:34 PM, May 5, 2009 (File: 2110 C- 09- 09) against certain members of FREDERICTON POLICE FORCE, regarding a incident occurring May 7, 2008, therefore, a complaint filed with the New Brunswick Police Commission. Tuesday, June 16, 2009 at 11:26 AM; thereafter I Andr Murray did receive a e-mail reply from S/Sgt. Daniel R. Copp Office of Professional Standards of FREDERICTON POLICE FORCE, acknowledging receipt of my complaint regarding a incident occurring May 7, 2008. The complaint was (as is procedure) first characterized by the Chief of Police, then the matter investigated for criminal behavior, afterwhich the Service of Policy issue investigation was concluded. Date September 27, 2010, pursuant to Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6 I Andr Murray did apply for relevant documentation (Police Commission file number

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2010-RTIPPA-02). The FREDERICTON POLICE FORCE was contacted regarding disclosure of the subject documentation. After the NEW BRUNSWICK POLICE COMMISSION refused to disclose the full contents of the subject file I Andr Murray did file with Court of Queenss Bench Fredericton Client Services On January 10, 2011, FORM 1 REFERRAL, Dated January 10, 2011 (Court File No. F/M/1/11). The matter of a REFERRAL F/M/1/11 is still pending. Throughout the procedures herewithin referenced, the balance of probability and further Plaintiff Andr Murray verily believes to be true that THE CITY OF FREDERICTON /FREDERICTON POLICE FORCE were contacted repeatedly regarding these issues, as a consequence THE CITY OF FREDERICTON /FREDERICTON POLICE FORCE did know this issue of May 7, 2008 incident was remaining alive and active. 43. THE CITY OF FREDERICTON and the FREDERICTON POLICE FORCE did not claim that THE CITY OF FREDERICTON or FREDERICTON POLICE FORCE were prejudiced in any meaningful way or at all by being served a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 On the 9th day, of September, 2011. Service of the Amended Claim on the 9th day, of September, 2011 occurred only 7 days from the dated of service of a NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated March, 4, 2011, Court File Number: F/C/45/11 which occurred on the 2nd day, of September, 2011. THE CITY OF FREDERICTON and the FREDERICTON POLICE FORCE filed their Statement of Defence September 30, 2011 a full 22 days after being served the subject Amended Notice of Action. 44. September 22, 2011, Leanne Murray, of McInnes Cooper (internal file number LE-162) Solicitor for Defendants THE CITY OF FREDERICTON, the FREDERICTON POLICE FORCE, Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Michael Fox, Constable Patrick Small and Constable Nancy Rideout did in fact provide consent as follows: Further to your email correspondence dated September 21, 2011, THE CITY OF FREDERICTON consents to your request to amend your Statement of Claim by adding parties as Defendants. THE CITY OF FREDERICTON did in fact consent to Plaintiff Andr Murrays request to amend Plaintiff Andr Murrays Statement of Claim by adding parties as Defendants. 45. As a consequence, of the actions and consent granted by THE CITY OF FREDERICTON and through the rule of agency, agent Defendant

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FREDERICTON POLICE FORCE did also provided consent to my request to amend your Statement of Claim by adding parties as Defendants, because his principal, by THE CITY OF FREDERICTON did consent to same. Sergeant Matt Myers 46. In reply to the Affidavit of Defendant Sergeant Matt Myers November 22, 2011, as a consequence of Service upon Defendants THE CITY OF FREDERICTON and others, a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11, on the 9th day, of September, 2011, at 2:09 PM, I Andr Murray, served, City Solicitor Michelle Brzak, the law of agency applies therefore Defendant Sergeant Matt Myers, as agent for THE CITY OF FREDERICTON and the Fredericton Police Force, was in fact served the same day. 47. Defendant Sergeant Matt Myers did not claim that he was prejudiced in any meaningful way or at all by being served a Original Claim and the Amended Claim and requested my consent to add defendants to the Amended Claim(Affidavit paragraph 7) on the 7th day, of October, 2011. Defendant Sergeant Matt Myers filed his Statement of Defence November 7, 2011 a full 30 days after being served the subject Amended Notice of Action Original Claim and the Amended Claim and requested my consent to add defendants to the Amended Claim (Affidavit paragraph 7) on the 7th day, of October, 2011. 48. In reply to paragraph 5 of the Affidavit of Defendant Sergeant Matt Myers dated November 22, 2011, in which Defendant Sergeant Matt Myers erroneously claimed that I am informed by Leanne Murray, of McInnes Cooper, my solicitor and the solicitor for the other Defendants The City of Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight, Constable Mike Fox, Constable Patrick Small and Constable Nancy Rideout and do believe that the Plaintiff did not request or obtain consent of those Defendants to add parties to the Amended Claim. September 22, 2011, Leanne Murray, of McInnes Cooper (internal file number LE-162) did in fact provide consent as follows: Further to your email correspondence dated September 21, 2011, THE CITY OF FREDERICTON consents to your request to amend your Statement of Claim by adding parties as Defendants. 49. However as consequence, actions of thereby consent was granted by THE CITY OF FREDERICTON through the rule of agency, Defendant

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Sergeant Matt Myers has provided consent to my request to amend my Statement of Claim by adding parties as Defendants, as his principal, THE CITY OF FREDERICTON did consent to same. Defendant Constable Michael Fox 50. In reply to paragraph 7 of the Affidavit of Defendant Constable Michael Fox Dated November 23, 2011: As a consequence of subject Court Document Service at 2:09 PM on the 9th day, of September, 2011, upon City Solicitor Michelle Brzak for Defendants THE CITY OF FREDERICTON and others, a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 since the law of agency thereby applies therefore Defendant Constable Michael Fox, was in fact served 9th day, of September, 2011. 51. Defendant Constable Michael Fox did not claim that he was prejudiced in any meaningful way or at all by being served a Original Claim and the Amended Claim and requested my consent to add defendants to the Amended Claim(Affidavit paragraph 7) on the 9th day, of October, 2011. Defendant Constable Michael Fox filed his Statement of Defence November 4, 2011 a full 26 days after being served the subject Amended Notice of Action Original Claim and the Amended Claim and requested my consent to add defendants to the Amended Claim (Affidavit paragraph 7) on the 9th day, of October, 2011. 52. In reply to paragraph 5 of an Affidavit of Defendant Constable Michael Fox Dated November 23, 2011, in which Defendant Constable Michael Fox erroneously claimed that I am informed by Leanne Murray, of McInnes Cooper, my solicitor and the solicitor for the other Defendants The City of Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Patrick Small and Constable Nancy Rideout and do believe that the Plaintiff did not request or obtain consent of those Defendants to add parties to the Amended Claim. September 22, 2011, Leanne Murray, of McInnes Cooper (internal file number LE-162) did in fact provide consent as follows: Further to your email correspondence dated September 21, 2011, THE CITY OF FREDERICTON consents to your request to amend your Statement of Claim by adding parties as Defendants. 53. As a consequence, of the consent granted by THE CITY OF FREDERICTON through the rule of agency, Defendant Constable Michael Fox

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did also provide consent to my request to amend my Statement of Claim by adding parties as Defendants, because his principal, by THE CITY OF FREDERICTON had consented to same on his behalf. Defendant Constable Nancy Rideout 54. In reply to the Affidavit of Defendant Constable Nancy Rideout Dated November 22, 2011, as a consequence of Service upon Defendants THE CITY OF FREDERICTON and others, a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11, on the 9th day, of September, 2011, at 2:09 PM, I Andr Murray, served, City Solicitor Michelle Brzak, the law of agency applies therefore Defendant Constable Michael Fox, an agent for THE CITY OF FREDERICTON and the Fredericton Police Force, was in fact served the same day. 55. Defendant Constable Nancy Rideout did not claim that she was prejudiced in any meaningful way or at all by being served a Original Claim and the Amended Claim and requested my consent to add defendants to the Amended Claim(Affidavit paragraph 7) on the 11th day, of October, 2011. Defendant Constable Nancy Rideout filed her Statement of Defence November 7, 2011 a full 27 days after being served the subject Amended Notice of Action Original Claim and the Amended Claim and requested my consent to add defendants to the Amended Claim (Affidavit paragraph 7) on the 11th day, of October, 2011. 56. In reply to paragraph 5 of the Affidavit of Defendant Constable Nancy Rideout Dated November 22, 2011, in which Defendant Constable Nancy Rideout erroneously claimed that I am informed by Leanne Murray, of McInnes Cooper, my solicitor and the solicitor for the other Defendants The City of Fredericton, the Fredericton Police Force, Chief of Police Barry MacKnight, Sergeant Matt Myers, and Constable Patrick Small and do believe that the Plaintiff did not request or obtain consent of those Defendant to add parties to the Amended Claim. September 22, 2011, Leanne Murray, of McInnes Cooper (internal file number LE-162) did in fact provide consent as follows: Further to your email correspondence dated September 21, 2011, THE CITY OF FREDERICTON consents to your request to amend your Statement of Claim by adding parties as Defendants. 57. As a consequence, of actions thereby consent granted by THE CITY OF FREDERICTON and through the rule of agency, agent Defendant

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Constable Nancy Rideout did also provide consent to my request to amend my Statement of Claim by adding parties as Defendants, because her principal, THE CITY OF FREDERICTON did consent to same. Neil and Trina 58. I Andr Murray verily believe that on 9th day, of September, 2011 or shortly thereafter (based on the significant behaviour change of herein named Defendants) Defendant Neil Rodgers and Defendant Trina Rodgers, obtained notice and or were advised that they were named as Defendants pursuant to Court File Number: F/C/45/11. Prior to 9th day, of September, 2011 the significant behaviour of Defendant Neil Rodgers and Defendant Trina Rodgers included a unrelenting continuous day by day harassment campaign beginning each day with either or Neil Rodgers and Defendant Trina Rodgers observing Andr Murray as his daily property management chores were conducted about the yard and or property surrounding his Residential Leasehold house this subject harassment was achieved by various means although became repetitive since the initial encounter with the Rodgers year 2005. Defendant Neil Rodgers and Defendant Trina Rodgers have amused themselves by bearing false witness against Andr Murray thereby complaining to FREDERICTON POLICE FORCE making frivolous complaints therefore always found to be lacking substance whatsoever. 59. I Andr Murray verily believe that were FREDERICTON POLICE FORCE required by this honourable Court to produce the chronological history of all reports since 2005 made by the Defendants Rodgers it would therefore be realized that although the repetitions complaints were at times on a daily basis at other times several times on the same day members of FREDERICTON POLICE FORCE continued to converge at the 31 Marshall Street residential property of Andr Murray conducting investigations which since 2005 have never resulted in any charges against Plaintiff Andr Murray. 60. Defendant Neil Rodgers and Defendant Trina Rodgers method of harassing Plaintiff Andr Murray was not only confined bearing false witness against him therefore using members of FREDERICTON POLICE FORCE as a weapon deployed to disrupt Plaintiff Andr Murrays peaceful enjoyment of his residence as when members of FREDERICTON POLICE FORCE were not within eye sight or hearing distance Defendant Neil Rodgers and Defendant Trina Rodgers would be attempting to provoke Plaintiff Andr Murray therefore uttering obscenities by yelling over the privacy fence which separates

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the two neighbouring adjacent properties; Plaintiff Andr Murray has at all times remained passive to the many assaults of Defendant Neil Rodgers and Defendant Trina Rodgers which have occurred since 2005; 61. Defendant Neil Rodgers and Defendant Trina Rodgers evidently realized that uttering threats and or obscenities (as were constantly occurring) therefore directed across the dividing property line, at Plaintiff Andr Murray did not provoke the Rodgers escaladed the harassment by actually departing from their property and entering onto the leasehold property of Plaintiff Andr Murray and using video cameras continued their harassment campaign throughout all seasons, literally following Andr Murray about his property as he performs his daily outdoor chores. Apparently at a certain point the subject methods of victimizing of Andr Murray was not satisfactory in achieving the reasonably irrational goals of Defendant Neil Rodgers and Defendant Trina Rodgers which they then began to stalk Andr Murray as he departed from his property by bicycle or on foot as a pedestrian which was easy for them to pursue him in their automobiles. 62. Defendant Neil Rodgers and Defendant Trina Rodgers from their automobiles using cell phone communication maintained a surveillance of Andr Murray as he travelled about the City of Fredericton although the severity was noticeably greatest when within one mile of his Marysville residence. 63. Defendant Neil Rodgers and Defendant Trina Rodgers did continuously and repeatedly run over onto the Plaintiffs property to take pictures of the Plaintiff mowing the lawn from distances uncomfortably close and often not less than five feet separation while further aggravating the situation as Defendant Neil Rodgers would be simultaneously yelling objectionable and offensive obscenities accusing Plaintiff Andr Murray of being a homosexual thereafter describing explicit sexual acts amongst other false accusations. Moreover FREDERICTON POLICE FORCE did continuously and repeatedly arrive soon after I Plaintiff Andr Murray made myself visible, out side the walls of the building at the Marshall Street Property, at 31 Marshall street Fredericton New Brunswick. On many occasions Defendant Neil Rodgers in his truck, did follow Plaintiff Andr Murray all about the Marysville area, harassing Plaintiff Andr Murray and further shouting objectionable and offensive obscenities at Plaintiff Andr Murray.

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64. After I Plaintiff Andr Murray, served the Fredericton Police Force, with a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11 on the 9th day, of September, 2011, as I was attempting Court Document process service upon Defendant Neil Rodgers and Defendant Trina Rodgers, for the first time since 2005 the Rodgers began avoiding me presumably in an attempt to not be served. I am not able to see locate these above mentioned actions and behaviors of Defendant Neil Rodgers and Defendant Trina Rodgers did noticeably diminish in frequency. 65. I Plaintiff Andr Murray verily believe that the Fredericton Police Force, following Service of the relevant Court documents, 9th day, of September, 2011, did contact Defendant Neil Rodgers and Defendant Trina Rodgers and as a result of this contact Defendant Neil Rodgers and Defendant Trina Rodgers did temporarily discontinue their usual course of confrontational conduct and alternatively initiated strategic behaviour regarding their personal movement, began a course of conduct intended to frustrate Plaintiff Andr Murrays Court Document Process Service attempts upon them. 66. Serving of Defendant Neil Rodgers and Defendant Trina Rodgers became very difficult because Defendant Neil Rodgers and Defendant Trina Rodgers were no longer making their daily routine appearances outside their house and when I did approach their house they would run into their house, locking the door refusing to answer my knocks upon the entrance door to their house, no answer to my knocking was forthcoming. 67. Finally I Andr Murray was successful at service, of the relevant Court documents, September 15, 2011, by driving up their driveway in the back seat of a marked cab van, and further I had two witnesses, witness me serve Defendant Neil Rodgers and Defendant Trina Rodgers, by way of leaving with Defendant Neil Rodgers a copy of the subject Court Documents. Defendant Neil Rodgers did at that time attempt to evade service, first attempting to run into the house, and secondly denying repeatedly that though he was served according to the Rules of Court, that he was (based or incoherent claims), not at all served furthermore by Defendant Neil Rodgers simply dropping the documents onto the ground, Defendant Neil Rodgers then erroneously claimed improper service. 68. Since that time Defendant Neil Rodgers and Defendant Trina Rodgers have made it very difficult to serve them with prerequisite Court documents,

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frustrating even other Court document Servers, who I Andr Murray did retain to effect service upon them. Defendant Neil Rodgers and Defendant Trina Rodgers have refused Court document service by Registered mail, while at the same time unreasonably requiring that they Defendant Neil Rodgers and Defendant Trina Rodgers must be served only by professional process server. 69. In Defendant Neil Rodgers and Defendant Trina Rodgers Statement of Defence and Counter Claim October 4, 2011, (which not served until two weeks past allowable time according to rules of Court) they did state that: Neil Rodgers and Trina Rodgers have never ridden in the back of a police car, either marked, or unmarked. Which is, a not so clever way, of obfuscating the fact, that Defendant Trina Rodgers did not deny sitting in the front seat, of the unmarked Police Cruiser, as witnessed and alleged by affidavit of Plaintiff Andr Murray, regarding the subject May 7, 2008 incident. Plaintiff Andr Murray verily believes, that the claims made, against Defendant Trina Rodgers regarding the May 07, 2008 incident are justified and the Amended Statement of Claim deserves to be heard on its merits (following discovery). 70. Plaintiff Andr Murray verily believes, that the claims made against Defendant Neil Rodgers regarding the May 07, 2008 incident are justified, as evidenced by the Investigative Summary provided by the New Brunswick Police Commission and authored by the Fredericton Police Force, furthermore, a AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11, deserves to be heard on its merits. 71. March 5, 2009, Police arrest of Andr Murray resulted in physical injury at the hands of members of the Fredericton Police Force. I Andr Murray have been unable to work (full capacity) since the subject assault and battery of March 5. 2009. Please note: I Andr Murray have been required by my doctor to wear an arm brace and attend physiotherapy, which continues to this day, resulting from those subject injuries which are not yet healed. 72. Late 2009, I Andr Murray did file a complaint with the Fredericton Police Force, regarding the March 5. 2009 Assault, involving Battery and unlawful Arrest. New Brunswick Police Commission File: (File: 9000 C- 0961 ) 2010 RTIPPA- 01 regarding the March 5, 2009 Assault, involving Battery and Arrest, which I have not completely received. The documents which New Brunswick Police Commission have released into my possession revealed that the Police regarding the March 5, 2009 Assault, involving Battery and Arrest,

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were being directed and or guided by telephone communication with the Police Department dispatcher (as it does appear) to Plaintiff Andr Murray moreover, although Andr Murray had removed all of his winter clothing all accessories including hats scarves and gloves in a effort to maintain a lower body temperature, to complete the laborious task of shoveling out the snow from his driveway on a warm sunny day. Therefore it could not possibly be true that a distinctly identifiable man of Andr Murrays shape, size complexion blond color of hair could possibly be mistaken for anyone else other than who he actually is. March 5, 2009, during daylight hours; I Andr Murray having just finished shoveling the driveway to my residential dwelling, at 29 Marshall Street, and 31 Marshall Street, in the City of Fredericton, was again assaulted, battered and arrested by members of the Fredericton Police. Please note: RTIPPA inquiries revealed that members of the FREDERICTON POLICE FORCE attending the residence of Andr Murray March 5, 2009 had been directed by persons (identities concealed) further, who by telephone transmission identified Plaintiff Andr Murray to the FREDERICTON POLICE FORCE as being outside his residence shoveling snow from the driveway. 73. Plaintiff Andr Murray has been subject to an apparent plan of action designed to achieve a particular goal (object yet unknown) a unreasonable nonstop harassment program against Plaintiff Andr Murray in this matter since Andr Murray year 2005 became a Tenant at 29 Marshall Street and 31 Marshall Street, in the City of Fredericton. Someone is bearing false witness against Andr Murray and employing the possibly unsuspecting local FREDERICTON POLICE FORCE with unfounded allegations which have lead to Plaintiff Andr Murray in this case becoming the victim of repeat violence at the hands of the Fredericton Police Force. I Plaintiff Andr Murray verily believe that those persons making fraudulent representation against Plaintiff Andr Murray include both Defendant Neil Rodgers and Defendant Trina Rodgers, as will be revealed once the parties conclude discovery. 74. Chief of Police Barry MacKnight, did write a letter, Dated September 29, 2009, Notifying me Andr Murray of his decision to summarily dismiss my complaint, FREDERICTON POLICE FORCE File number, (FPF File 0910302) regarding Plaintiff Andr Murrays complaint, against the FREDERICTON POLICE FORCE, regarding the May 7, 2008 incident. A copy of this letter is attached hererto as Exhibit A. 75. Tuesday, June 16, 2009 at 11:26 AM I Andr Murray did receive a email reply from S/Sgt. Daniel R. Copp Office of Professional Standards of the

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FREDERICTON POLICE FORCE, acknowledging receipt of my complaint from: Copp, Danny danny.copp@fredericton.ca to: Andremurraynow@gmail.com the subject of the email was Your complaint against members of the FREDERICTON POLICE FORCE. A copy of this letter is attached hererto as Exhibit B 76. Letter from Chief of Police characterizing complaint. A copy of this letter may be provided at a later date, at the Courts discretion and or consent. 77. Chief of Police Barry MacKnight, did write a letter, Dated September 29, 2009, Notifying me Andr Murray of his decision to summarily dismiss my complaint, FREDERICTON POLICE FORCE File number, (FPF File 0910302) regarding Plaintiff Andr Murrays complaint, against the FREDERICTON POLICE FORCE, regarding the May 7, 2008 incident. A copy of this letter is attached hererto as Exhibit C. 78. Summary of procedure regarding RTIPPA request - May 07, 2008 A copy of this Summary will be provided at a later date, at the Courts discretion and or consent. 79. Summary of procedure regarding RTIPPA request March 5, 2009. A copy of this Summary will be provided at a later date, at the Courts discretion and or consent. 80. September 27, 2010, pursuant to Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6, I Andr Murray did apply for copies of specific correspondence and other documents, according to RTIPPA (Police Commission file number 2010-RTIPPA-02) to the New Brunswick Police commission. When the NEW BRUNSWICK POLICE COMMISSIONrefused full access. I Andr Murray did file with Court of Queenss Bench Client Services On January 10, 2011, FORM 1 REFERRAL, Dated January 10, 2011. A copy of this FORM 1 REFERRAL is attached hereto as Exhibit D. 81. September 22, 2011, Leanne Murray, of McInnes Cooper (internal file number LE-162) Solicitor for Defendants THE CITY OF FREDERICTON, the FREDERICTON POLICE FORCE, Chief of Police Barry MacKnight, Sergeant Matt Myers, Constable Michael Fox, Constable Patrick Small and Constable Nancy Rideout did in fact provide consent as follows: Further to your email correspondence dated September 21, 2011, THE CITY OF FREDERICTON consents to your request to amend your Statement of Claim by adding parties as

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Defendants. THE CITY OF FREDERICTON did indeed consent to Plaintiff Andr Murrays request to amend Plaintiff Andr Murrays Statement of Claim by adding parties as Defendants. A copy of this letter is attached hereto as Exhibit E. 82. February 23, 2011, Neil Rodgers did provide an Affidavit to Court of Queens Bench Moncton Trial Division Dated February 23, 2011, which made false and untrue claims regarding a fictitious character who Neil Rodgers continued to make unfound claims regarding outstanding arrest warrant(s) further that this subject fictitious character was essentially being harbored at the residence of Andr Murray on the Marshall Street, City of Fredericton N.B. residential duplex, yet Neil Rodgers confirms to having observed this therefore fictitious character. I Plaintiff Andr Murray verily believe that the claims made by Neil Rodgers were made in bad faith, meant to be vexatious, therefore potentially causing harm to Andre Murray (which was actually the result) and most certainly obstruction of justice if not simply an abuse of process. A copy of this Affidavit is attached hereto as Exhibit F. 83. I Andr Murray do verily believe that the relevant Rules of Court and relevant statutory Acts provide the Court of Queens Bench appropriate tools by which to allow the Subject Action to be heard on its merits. 84. I Andr Murray do verily believe that pursuant to Rule 27.10(2)(c) Plaintiff Andr Murray, may amend his pleading with leave of the court, unless prejudice will result which cannot be compensated for by costs or an adjournment, the court may, at any stage of an action, grant leave to amend any pleading on such terms as may be just and all such amendments shall be made which are necessary for the purpose of determining the real questions in issue.

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85. This affidavit is made in response of a Notice of Motion, Dated 23rd day of November, 2011, to Court of Queens Bench, filed by McINNES COOPER, Solicitors for the Moving Parties, Sergeant Matt Myers, Constable Mike Fox and Constable Nancy Rideout, per Leanne Murray. SWORN TO AT THE City of Fredericton, In the County of York and Province of New Brunswick this _________day of __________ 2012. BEFORE ME:

_______________________________ A NOTARY PUBLIC or COMMISSIONER OF OATHS PROVINCE OF NEW BRUNSWICK

) ) ) ) ) ) ) ) ) ) ) ) )

________________________ Andr Murray

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