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Court File No.

FIC/l04/09 IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK TRIAL DNISION JUDICLA~ DISTRICT OF FREDEPJCTON BETWEEN: i~.-NDP1?,MlJRRI\. Y Plaintiff, -andBETTY ROSE DANIELSKI Defendant, CONSENT TO A CONTINUANCE january 20,2011

TO:

E. Thomas Christie, QC CHRISTIE LAW OFFICE

Also
'T'r\.
IV.

Suite 306, 212 Queen Street


Fredericton, New Brunswick Canada E3B 1A8 Tel: (506) 472 - 2090 Fax: (506) 472 - 2091 E-Mail: tc1aw@nb.aibn.com Solicitor for BETTY ROSE DANIELSKI

BETTY ROSE DANIELSKI Apt 603, 166 Carlton Street Toronto, ant. M5A2K5

Dear BETTY ROSE DANIELSKI and E. Thomas Christie, Regarding above noted matter; As you may recall Plaintiff's letter correspondence of may 31,2010 in which the Plaintiff requested ofthe Defendant the granting of consent to a Continuance to the subject Action pursuant to section 52.1 (1) (b) of the Mechanics' Lien ,A... t. The results of course of the c Defendant's lack of cooperation have resulted in unnecessary Court appearances and outrageously excessive and absolutely unnecessary costs. The costs to date the Plaintiff may pursue the Defendant in this matter for restitution of same. Regrettably the Defendant in this matter denied my request of May 31, 2010, as found there within correspondence letter addressed to Solicitor E. Thomas Christie of same date.

Please be advised as a result of a Court Order of the Queen's Bench the Plaintiff (in this matter) has therefore been granted access to the many documents required to argue and successfully litigate the subject Mechanics' Lien Action regarding Andre Murray v. Betty Rose Danielski. Please note as the Plaintiff has not heard from Solicitor E. Thomas Christie since the hearing and decision of the Court of Appeal November 9,2010, furthermore, since the Plaintiff has experienced what could only be explained as unrelenting dilatory actions by the Solicitor E. Thomas Christie either by design or inadvertence. The Plaintiff in this matter shan address this correspondence to the last known Solicitor representing the Defendant and also to the Defendant. The Plaintiff in this matter comprehends that it is common practice that when one side of such an action and or litigation as the here within above mentioned further, that it is common practice in the pursuit of genuine remedy a Continuance to the subject Action pursuant to section 52.1 (1) (b) of the Mechanics' Lien Act is usually granted. For either party to not consent to a Continuance to the subject Action pursuant to section 52.1 (1) (b) of the Mechanics' Lien Act when requested - it is the Plaintiffs position as we have witnessed to date unnecessary Court appearances and all the unnecessary cost therefore associated. Once again the Plaintiff in this matter offers the Defendant an opportunity the Defendant's genuine desire to realise remedy in this matter. to demonstrate

Could you please advise if the Defendant's position in this matter is to consent to a continuance, regarding the Court file No FfCIl 04/09, pursuant to section 52.1 (1 ) (b) of the Mechanics' Lien Act, that this action be continued to August 15,2011 or further Order ofthis Court. I would appreciate your response as soon as possible as this will likely save all concerned parties the trouble and expense of appearing in Court to respond or address the request of a continuance in regard to this Mechanics' Lien Act Action. Kindly acknowledge and confirm this request ofa consent, the Plaintiff will advise the Court and move forward with a Consent Order forthwith. Yours very truly, Andre Murray DATED at Fredericton, New Brunswick this .. ~~ .. day of.

~iJ

.,2011.

~RE~Y
Name of plaintiff: ANDRE MURRAY Address for service within New Brunswick: 31 Marshall Street Fredericton, N.B.

E3A 4J8
andremurraynow@gmail.com