Court File Number: F/C/104/09

IN THE COURT OF QUEENS BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF FREDERICTON BETWEEN: ANDRE MURRAY Plaintiff, -andBETTY ROSE DANIELSKI Defendant,

AFFIDAVIT 3 I, Andr Murray of the City of Fredericton, in the county of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. I Andr Murray am the Plaintiff in this matter; as such have a true and correct knowledge of the matters herein deposed to except where otherwise stated. 2. On the 10th day of June, 2010, in response to the Defendants DEMAND FOR PARTICULARS (FORM 27L), I Plaintiff Andr Murray filed with the Court of Queens Bench, Trial Division, Judicial District of Fredericton, a STATEMENT OF PARTICULARS (FORM 27M) Dated the 10th day of June, 2010. 3. On the 10th day of August, 2010, at 10:00AM, I Plaintiff Andr Murray did serve E. Thomas Christie, Solicitor for Defendant BETTY ROSE DANIELSKI, with the attached documents, STATEMENT OF PARTICULARS (FORM 27M) Dated the 10th day of June, 2010, by

leaving a copy with Solicitor E. Thomas Christie in person, for Defendant BETTY ROSE DANIELSKI. A copy of the STATEMENT OF PARTICULARS (FORM 27M) Dated the 10th day of June, 2010 is attached hereto and marked Exhibit R. 4. On November 9, 2010, I Andr Murray, Plaintiff (in this matter), was served a copy of NOTICE OF DISCONTINUANCE (FORM 25A), Court of Queens Bench Moncton Trial Division, Date Stamped November 5, 2010. May this please the Court the subject NOTICE OF DISCONTINUANCE (FORM 25A), is regarding a matter that is related to the here within subject Mechanics Lien Action, regarding same equity of Property, Property Title Registered with N.B. Land Titles as Betty Rose Danielski, except Andr Murray is the Defendant in that matter being heard in Moncton Trial Division. A copy of the NOTICE OF DISCONTINUANCE (FORM 25A) is attached hereto and marked Exhibit S. 5. On November 18, 2010, I Andr Murray, received a copy of a letter, by facsimile, from the Office of Stewart McKelvey, on behalf of Solicitor representing 501376 N.B. Ltd., a body corporate, Solicitor Hugh J. Cameron the acting Agent who had previously bid at auction, on behalf of 501376 N.B. Ltd., a body corporate, for the 29 and 31 Marshall Street, in the City of Fredericton, a Residential Duplex Property, PID No. 01548650 and PAN 506975. The subject letter stated that .501376 N.B. Ltd. has no further interest in the property indentified as PID No. 01548650 and PAN 506975 and, in addition, neither I, nor Stewart McKelvey, have carriage of this matter or any involvement with respect to Court File No. M/C/0642/09. A Copy of this letter is attached hereto and marked Exhibit T. 6. At Fredericton Queens Bench Trial Division hearing of this same, Mechanics Lien Action matter and the question of granting a Continuance as heard June 10, 2010 by the presiding Honorable Madame Justice who chose to express concerns regarding matters of expeditious procedural nature upon which, the Defendants Solicitor Thomas Christie seized at this opportunity and offered and did provide the Honorable Court a foundation of hearsay information regarding the auction sale of the subject Property which was allegedly sold, further, the alleged sale of the property (of which the Plaintiff in this matter holds here within mentioned Subject Mechanics Lien) of which Solicitor Thomas Christie alleged was sold insufficient in

price, to provide equity compensation to the Plaintiff in this matter and therefore was incapable of satisfying the Plaintiffs Mechanics Lien Action. A copy of the transcript of that hearing is provides attached as Exhibit U. 7. I Plaintiff Andr Murray 22nd day of November, 2010, served E. Thomas Christie, Solicitor for Defendant BETTY ROSE DANIELSKI, a Letter requesting that the Defendant consent to a Continuance of the subject Action pursuant to section 52.1 (1) (b) of the Mechanics' Lien Act. Service of said documents occurred sending a facsimile of the documents by telephone transmission to facsimile number: (506) 472 2091 of CHRISTIE LAW OFFICE, E. A copy of the letter is attached as Exhibit V. 8. On Mon, Nov 22, 2010 at 3:05 PM, I Andr Murray, did receive the following e-mail response only As far as any request to consent is concerned, there will be no consent. You failed to have the matter set down for trial as you were required to do within one year. The Act is clear the matter is over - unless a Court gives you an extension. Tom May it please the Honorable Court the e-mail signed off as Tom, the Plaintiff in this matter is forced to trust that signing off with Tom is an error in professional judgment, yet the Plaintiff verily believes, the here within email excerpt was from E. Thomas Christie, Solicitor for Defendant. Please find a provided copy of the subject e-mail Dated Friday, January 21, 2011 at 4:14 PM attached as Exhibit W. 9. I Plaintiff Andr Murray having perused the here within above excerpt of e-mail response of Solicitor for Defendant E. Thomas Christie, provided in paragraph 8 additionally attached as Exhibit W. The position as stated found there within You failed to have the matter set down for trial as you were required to do within one year The Act is clear the matter is over unless a Court gives you an extension. is a misapprehension of the law by Solicitor Christie; as section 52.1 (1) (b) of the Mechanics' Lien Act provides remedy for such a situation. Furthermore, Solicitor E. Thomas Christies erroneous contention that one year had expired from the date of Notice of Action is false. 10. I Plaintiff Andr Murray have made it abundantly clear to the Solicitor E. Thomas Christie for the Defendant, that documents integral to DISCOVERY process have been to date inaccessible.

11. I Plaintiff Andr Murray have filed in Pursuance of Rule 44.01(1) an interim Order for the recovery of personal property of the Rules of Court for access to the Plaintiffs private property and subject documents which was subsequently granted by Court of Queens Bench Moncton Trial Division. January 2011. Please note the Plaintiff has been granted an Order to access said documents which have been to date inaccessible and indispensable to the Mechanics Lien Act., Discovery process. 12. I Andre Murray Plaintiff having filed a Notice of Action April 21, 2009, in pursuance of Mechanics' Lien Act followed by the Statement of Claim May 20, 2009. 13. I Andre Murray Plaintiff having filed a Notice of Action April 21, 2009, in pursuance of Mechanics' Lien Act. Immediately began to attempt Service of the here within mentioned Notice of Action upon the named Defendant Betty Rose Danielski, which became obvious the Defendant Betty Rose Danielski was avoiding Service. 14. I Andre Murray Plaintiff spent months investigating the whereabouts of the Defendant Betty Rose Danielski as the Land Registry Office in New Brunswick indicates her Mailing address as Marshall Street, in the City of Fredericton, New Brunswick contrary to the fact that the Defendant in this matter Betty Rose Danielski has not lived at the here within above mentioned that address at Marshall Street since approximately year 2002 and currently lives in Toronto, Ontario. 15. I Andre Murray Plaintiff after many attempted and unsuccessful Registered Canada Post and special Registered Courier failed attempts at Service of the Notice of Action to the Defendants unconfirmed Residential Address in Toronto and finally to the Defendants place of employment (confirmed by telephone conversation with a working Colleague) of the Defendant it became necessary to hire a Professional Process Server, who also confirmed to the Plaintiff that the Defendant was indeed avoiding Service. 16. On the 22nd day of November, 2010, at 4:00 P.M., I Plaintiff Andr Murray served E. Thomas Christie, Solicitor for Defendant BETTY ROSE DANIELSKI, with the attached documents, Letter #2 requesting that the Defendant consent to a Continuance of the subject Action pursuant to section 52.1 (1) (b) of the Mechanics' Lien Act to Solicitor Thomas Christie, Dated 22nd day of November, 2010, by sending a facsimile of the

documents by telephone transmission to Fax: (506) 472 2091 of CHRISTIE LAW OFFICE, E. Thomas Christie, solicitor for Defendant BETTY ROSE DANIELSKI. Please find a provided copy of the subject letter is attached as Exhibit X 17. On the 23rd day of November, 2010, at 11:45 P.M., I Plaintiff Andr Murray served E. Thomas Christie, Solicitor for Defendant BETTY ROSE DANIELSKI, Letter requesting that the Defendant consent to a Continuance of the subject Action pursuant to section 52.1 (1) (b) of the Mechanics' Lien Act Dated 23rd day of November, 2010, further, by sending a facsimile of the documents by telephone transmission to Fax: (506) 472 2091 CHRISTIE LAW OFFICE, E. Thomas Christie, solicitor for Defendant BETTY ROSE DANIELSKI. Please find a copy of the letter attached as Exhibit Y. 18. I Plaintiff Andr Murray have never received a response from the Defendant in response to my letter Dated 23rd day of November, 2010 and served on E. Thomas Christie, Solicitor for Defendant BETTY ROSE DANIELSKI, attached as Exhibit Y. 19. On Friday, January 21, 2011, at 3:55PM, I Andr Murray did by facsimile transmission send a letter to E. Thomas Christie, Fax:(506) 472 2091, Solicitor for Defendant BETTY ROSE DANIELSKI requesting the Defendant consent to a Continuance of the subject Action pursuant to section 52.1 (1) (b) of the Mechanics' Lien Act. Please find a copy of letter attached as Exhibit Z. 20. I Andr Murray Friday, January 21, 2011 at 4:14 PM, to mine (correspondence) for consent to a Continuance of the subject Action pursuant to section 52.1 (1) (b) of the Mechanics' Lien Act. of same day (just 18 minutes earlier) did receive the following (provided as Exhibit AA) e-mail response from E. Thomas Christie, on behalf of his client in Toronto, Ontario, Mr. Murray, my Clients position with respect to the consent remains unchanged. Tom A copy of the here within subject correspondence transpiring Friday, January 21, 2011 at 4:14 PM e-mail is attached as Exhibit AA. 21. This affidavit #3 is made in support of an AMENDED NOTICE OF MOTION by Plaintiff Andr Murray.

SWORN TO AT THE City of Fredericton, In the County of York and Province of New Brunswick this _________ day of ___________ 2011. BEFORE ME:

____________________________________ A NOTARY PUBLIC or COMMISIONER OF OATHS PROVINCE OF NEW BRUNSWICK

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___________________ Andr Murray