What are the true legal issues?
One of the Legal questions I am endeavoring to have the Courts of New Brunswick (who refuse to hear the question) finally determine, is the question of which Act or Legislation, in the province of New Brunswick, has higher standing in Law; moreover what protection, and or as in this case, what legal shelter is available to protect Residential Tenants from 'Eviction Abuse' by people such as city of Moncton Mayor, George LeBlanc, who is also partner at Cox & Palmer law firm, the Canadian Atlantic Maritime Province "Carpet Baggers", retained for this purpose by Mortgagee Royal Bank of Canada (hereafter: R.B.C.).
What then, can Residential Tenants, within the Province of New Brunswick, expect as Landlords (the Mortgagors) are choosing to go to foreclosure, rather than payout the Mortgagee's debt, as the case may be.
R.B.C. as Mortgagee, on foreclosure then takes their Financial Investment Instrument called Mortgagee Deed (french word: death pledge) and relentlessly manipulates the word "property" to however become a stealthy - silent substitution for Mortgage.
My experience is that Lawyer George H. LeBlanc of Moncton City, New Brunswick, Canada now acting for R.B.C. advertises the property for sale by public Auction. All the time intermingling the words "Mortgage" and "Property" until it can not reasonably be clear as to what exactly is being NOTICED as for sale at Auction the "Mortgage" or the "Property".
Please Note. The Mortgagee in my case is George LeBlanc claims is R.B.C. Royal Bank of Canada (a private financial investment group) nothing Royal about these people who make implied or indirect references to ownership of property, who in reality do not hold or own the LAND TITLE. Absolutely not! No - No - No! This is precisely the misapprehension. Please consider that when you the reader and I the writer have a misapprehension, we are making a mistake trying to understand something, which may lead us to believe something that isn't true. They the Mortgagee's (Financial Investment Moguls) want us to believe this misapprehension; therefore, their intention is to maintain our view or opinion as incorrect, although, however, advantageous for the purposes of achieving their goals.
Then the Mortgagee is sly about integrating the civic address in such a matter, consequentially thereafter, perhaps on attending the Mortgage/Property Auction Sale, all attending the Auction, have reasonably associated the Auction Sale with ownership of the tangible equity of the house, found at the subject civic address, therefore, anyone attending the auction are (if the successful bidder) reasonably believing they are purchasing a house, which is not the reality.
BIDDING PAPERS & TERMS OF PURCHASE
Require that the successful bidder, must amongst other things, reasonably honor the residential tenancies act, therefore not attempt to evict the Tenants. Despite this subject (not attempt to evict the Tenants) undertaking, by the successful bidder, at Auction, not to attempt to evict residential tenants, this is exactly what George LeBlanc, and his legal "VACANT POSSESSION" syndicate, set about to accomplish, thereafter, will relentlessly harass the resident tenants, in attempts to obtain vacant possession, by obfuscating the truth, thereby, convincing residential leasehold tenants that Mortgagees have a right to evict.
This is false as Mortgagees do not have any legal right to evict Residential Tenants, under any circumstances, unless they are the Landlord, as Residential Tenants are protected from eviction pursuant to 'Residential Tenancies Act of New Brunswick'.
George H. LeBlanc continues, (as is he conducts his legal practice) to circumvent the Residential Tenancies Act of New Brunswick, by taking the matter to Court of Queens Bench in a separate city of which he is Mayor. There in the Court of Queens Bench, City of Moncton, Trial Division, Mayor/lawyer George H. LeBlanc, carefully arranges an (without Notice)Ex parte (one party only) Court Hearing, requesting eviction Orders of Justice Zoel R. Dionne .
Justice Zoel R. Dionne, of Court of Queens Bench, Moncton, Trial Division, does not have the necessary jurisdiction to issue eviction Orders of a Residential Tenant pursuant to the Residential Tenancies Act of New Brunswick. Alternatively Justice Zoel R. Dionne together with Lawyer George H. LeBlanc appear to be disingenuously motivated by erroneously claiming to find the necessary jurisdiction to issue eviction Orders against Andre Murray in the Property Act, which is false as the Property Act is subordinate to the Residential Tenancies Act of New Brunswick; furthermore the Judicature Act of New Brunswick is subordinate to the Residential Tenancies Act of New Brunswick.
Justice Zoel R. Dionne cannot find the jurisdiction to issue Eviction Orders against Residential Leasehold Tenant Andre Murray, therefore, to do so under these subject circumstances requires negligence.
According to R.B.C. who rely on legislation called the 'Property Act'; R.B.C. therefore erroneously claims a Mortgagee has higher standing than a Residential Tenant.
This cannot be possible as the Mortgagee relies on a subordinate legislation called 'Property Act.' however, alternatively therefore, a Residential Tenant relies on the 'Residential Tenancies Act of New Brunswick' which subject Act makes it abundantly clear that no other act in New Brunswick has standing when the issues concern a Residential Tenant because the Legislative assembly of New Brunswick intended this to be so by adding within this 'Residential Tenancies Act of New Brunswick': NOTWITHSTANDING all other Acts, granting it highest standing.
What then, can Residential Tenants, within the Province of New Brunswick, expect as Landlords (the Mortgagors) are choosing to go to foreclosure, rather than payout the Mortgagee's debt, as the case may be.
R.B.C. as Mortgagee, on foreclosure then takes their Financial Investment Instrument called Mortgagee Deed (french word: death pledge) and relentlessly manipulates the word "property" to however become a stealthy - silent substitution for Mortgage.
My experience is that Lawyer George H. LeBlanc of Moncton City, New Brunswick, Canada now acting for R.B.C. advertises the property for sale by public Auction. All the time intermingling the words "Mortgage" and "Property" until it can not reasonably be clear as to what exactly is being NOTICED as for sale at Auction the "Mortgage" or the "Property".
Please Note. The Mortgagee in my case is George LeBlanc claims is R.B.C. Royal Bank of Canada (a private financial investment group) nothing Royal about these people who make implied or indirect references to ownership of property, who in reality do not hold or own the LAND TITLE. Absolutely not! No - No - No! This is precisely the misapprehension. Please consider that when you the reader and I the writer have a misapprehension, we are making a mistake trying to understand something, which may lead us to believe something that isn't true. They the Mortgagee's (Financial Investment Moguls) want us to believe this misapprehension; therefore, their intention is to maintain our view or opinion as incorrect, although, however, advantageous for the purposes of achieving their goals.
Then the Mortgagee is sly about integrating the civic address in such a matter, consequentially thereafter, perhaps on attending the Mortgage/Property Auction Sale, all attending the Auction, have reasonably associated the Auction Sale with ownership of the tangible equity of the house, found at the subject civic address, therefore, anyone attending the auction are (if the successful bidder) reasonably believing they are purchasing a house, which is not the reality.
BIDDING PAPERS & TERMS OF PURCHASE
Require that the successful bidder, must amongst other things, reasonably honor the residential tenancies act, therefore not attempt to evict the Tenants. Despite this subject (not attempt to evict the Tenants) undertaking, by the successful bidder, at Auction, not to attempt to evict residential tenants, this is exactly what George LeBlanc, and his legal "VACANT POSSESSION" syndicate, set about to accomplish, thereafter, will relentlessly harass the resident tenants, in attempts to obtain vacant possession, by obfuscating the truth, thereby, convincing residential leasehold tenants that Mortgagees have a right to evict.
This is false as Mortgagees do not have any legal right to evict Residential Tenants, under any circumstances, unless they are the Landlord, as Residential Tenants are protected from eviction pursuant to 'Residential Tenancies Act of New Brunswick'.
George H. LeBlanc continues, (as is he conducts his legal practice) to circumvent the Residential Tenancies Act of New Brunswick, by taking the matter to Court of Queens Bench in a separate city of which he is Mayor. There in the Court of Queens Bench, City of Moncton, Trial Division, Mayor/lawyer George H. LeBlanc, carefully arranges an (without Notice)Ex parte (one party only) Court Hearing, requesting eviction Orders of Justice Zoel R. Dionne .
Justice Zoel R. Dionne, of Court of Queens Bench, Moncton, Trial Division, does not have the necessary jurisdiction to issue eviction Orders of a Residential Tenant pursuant to the Residential Tenancies Act of New Brunswick. Alternatively Justice Zoel R. Dionne together with Lawyer George H. LeBlanc appear to be disingenuously motivated by erroneously claiming to find the necessary jurisdiction to issue eviction Orders against Andre Murray in the Property Act, which is false as the Property Act is subordinate to the Residential Tenancies Act of New Brunswick; furthermore the Judicature Act of New Brunswick is subordinate to the Residential Tenancies Act of New Brunswick.
Justice Zoel R. Dionne cannot find the jurisdiction to issue Eviction Orders against Residential Leasehold Tenant Andre Murray, therefore, to do so under these subject circumstances requires negligence.
According to R.B.C. who rely on legislation called the 'Property Act'; R.B.C. therefore erroneously claims a Mortgagee has higher standing than a Residential Tenant.
This cannot be possible as the Mortgagee relies on a subordinate legislation called 'Property Act.' however, alternatively therefore, a Residential Tenant relies on the 'Residential Tenancies Act of New Brunswick' which subject Act makes it abundantly clear that no other act in New Brunswick has standing when the issues concern a Residential Tenant because the Legislative assembly of New Brunswick intended this to be so by adding within this 'Residential Tenancies Act of New Brunswick': NOTWITHSTANDING all other Acts, granting it highest standing.
How do I make a Complaint against the Police?
This page provides information concerning how I have (free of any fee or charge) made numerous complaints against members of FREDERICTON POLICE FORCE regarding inappropriate conduct, which required the Police to investigate themselves and the Chief of Police must obliged write to me directly with his assessment each and every incident.
Should I document each incident in life?
I have discovetred that it has been most benificial that as soon as paper is avaiable immediately following any incident I document the entire event!
I have learned that complete documentation of incidents is indispensable, with regard to every detail; moreover, not superficial or partial but complete without any detail left out, and where possible, I must record the events as they occur chronologically; the following post may be interesting as I share my experience for your consideration.
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What does organized mean to me as a self represented litigant.
I am honored to share my experiences, as to that, which have been my organizational mistakes and consequential setbacks, furthermore, how I now avoid those non productive habits, alternatively, to be able to successfully organize a methodical litigation, of my various claims, as PLAINTIFF and or in my defense as DEFENDANT, against the claims of others.
I find the more succinct, the better, while always paying attention to avoid unnecessary redundancies, in the following post I share my mistakes and success in that regard.
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What is Conflict Resolution?
The following post provides explanation for what is: “Conflict Resolution”.
I discovered that there are many time limitations influencing the filing of an 'ORIGINATING PROCESS' usually a NOTICE OF ACTION FORM16A to therefore begin and subsequently keep an Action to enforce my claims alive.
Statute of limitations A statute of limitations, is an enactment in a common law legal system, that sets the maximum time after an harmful or injurious incident/event has occurred which sets the time limitations clock for all legal proceedings that which may follow.
Link:
http://justicedonedirtcheap.blogspot.com/2011/11/statute-of-limitations.html
What are the rules of natural justice?
The principles of natural justice, appear to me to be principles concerning procedural fairness, therefore ensuring that a fair decision is reached by an objective decision making process.
The principles of natural justice, appear to me to be principles concerning procedural fairness, therefore ensuring that a fair decision is reached by an objective decision making process.
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Should I try to resolve the issues before starting a litigation?
I find that it is in my best interest to attempt to resolve disputes out of Courts of Law, through negotiation and compromise where possible.
This may be as simple as sending some well thought out letters, expressing your intent to resolve the issues through negotiation and compromise.
It is in my own interest, that, if I am negotiating, I may inadvertently commit myself to tacit agreements, that could be held against me later, so, to remain safe I guard my legal position for a later date, I have found this is good practice to place the words "WITHOUT PREJUDICE" at the top of each and every negotiation letter.
I often include "WITHOUT PREJUDICE" at the very top of every letter, here is a link to a post I wrote on the subject of "WITHOUT PREJUDICE":
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In attempting to resolve a outstanding issue, I often write a letter here is a link to a how to memorandum I wrote on the steps which I followed:
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What happens if I cannot resolve the issues?
When issues cannot be easily resolved through negotiation and compromise, I may need to seek the assistance of a Judge. To do so, I must commence an 'ACTION' or a 'MOTION' depending on my circumstances to date such as has the 'ORIGINATING PROCESS' be filed with Court Client Services or not. I discovered MOTIONS always follow 'ORIGINATING PROCESS' and 'NOTICE OF ACTION'
Action means a proceeding commenced by issuing a Notice of Action;
An action or proceeding is a law suit. The plaintiff and defendant are known as the parties to the action. In an action, one Party, the plaintiff is suing the other the Party /defendant for some sort of remedy such as damages, performance of some task, etcetera. The plaintiff wants a judge to grant him specific relief. The defendant may or may not want to fight the action.
If I am required to File an 'ORIGINATING PROCESS' with Client Services for Court of Queen's Bench an therefore a 'NOTICE OF ACTION(FORM 16A)' will be drafted and Court File Date Stamped receiving a schedule to be heard by Trial Division Courts, this is the step by step process which I have followed and here provided below is a Link:
Do I need to be a good public speaker to make n Appearance in Court?
No, but the following post may help you be a better speaker, before the Court, so that you may effectively communicate your position and argument, for the Courts consideration.
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What do I need to know, about the Judge, who I will be appearing before?
The following post is about body language and demeanor of the Court, this may be useful to you at some point.
The following post is about body language and demeanor of the Court, this may be useful to you at some point.
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What do I need to know about Court Appearances?
So you're going to court . . .
What follows is a post on some suggestions as to how I attempt to maintain my best, when making a Court appearance. These suggestions are based on my experience, notes taken by observation.
What follows is a post on some suggestions as to how I attempt to maintain my best, when making a Court appearance. These suggestions are based on my experience, notes taken by observation.
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How Do I File a Lawsuit?
The following article provide insight into the steps in the process:
Link:
http://justicedonedirtcheap.blogspot.com/2011/12/steps-to-filing-lawsuit-in-new.html
What are Provincial ("inferior") Court?
What is SUPERIOR COURTS / Queens Bench Trial Division?
