Judge puts frequent litigant's latest lawsuit on hold

BY DON MACPHERSON macpherson.don@dailygleaner.com A judge placed a frequent, selfrepresented litigant's lawsuit over his eviction from a northside home on the back burner for a few months Monday, ruling he'll have to show next year he's well enough mentally to proceed with the action. Andr Charles Murray, 32, filed a lawsuit against the Royal Bank of Canada, a numbered New Brunswick company and various other parties over the foreclosure of a Marshall Street residence he'd been occupying until his eviction several months ago. A hearing had been set for Monday in the Court of Queen's Bench to deal with an application brought by RBC and the numbered company to have Murray declared a vexatious litigant. Murray didn't attend Monday's proceedings. Justice Judy Clendening noted in court Monday that Murray had emailed the court clerk just 41/2 hours before the 9 a.m. hearing to inform the court he'd be unable to attend . Clendening read aloud Murray's email, which said he was under doctor's orders to avoid stress. It noted he was suffering from mental health issues and was taking medication to address the problem. Murray said in the email he was relying on the written submissions he'd filed with the court in the matter. Clendening pointed to a table in the courtroom that was covered in documentation. She said Murray filed four packages of written information Friday. The judge suggested to counsel for some of the defendants that she would issue a six-month stay for all matters in the Court of Queen's Bench involving Murray, which would be in place until June 17. Until that time, Murray and the parties in his various actions in the Court of Queen's Bench would be precluded from communicating with one another, filing new documentation or bring new actions or applications. If in mid-June Murray wanted to revive his lawsuit, Clendening said, he would have to file an affidavit from a doctor indicating he's well enough to proceed, and the defendants could apply to the court to cross-examine the doctor. 'The onus would be on Mr. Murray to demonstrate to the court that he is sufficiently healthy to continue,' the judge said.

The order would also apply to anyone acting on Murray's behalf. Clendening said she was reluctant to proceed with the motion to have Murray declined a vexatious litigant without him being present because it's a serious matter. Murray, a frequent presence at the Justice Building in downtown Fredericton, has filed several civil actions and applications with the court in recent years, none of which has proven successful. He's also been unsuccessful in numerous appeals filed with the New Brunswick Court of Appeal, and the Supreme Court of Canada has declined to hear his matters as well. If granted, the application would severely limit Murray's access to the civil justice system. George LeBlanc, counsel for RBC, had one concern about the potential order. He said RBC has been unable to get Murray to pick up belongings that were left in the house upon his eviction. 'We've had them packed up and stored,' he said. 'They've been in storage since June or July at the bank's expense.' LeBlanc said the bank has sent letters urging Murray to claim the items but has had trouble locating him recently to serve him with another notice . Clendening said she thought Le-Blanc would have trouble serving such a notice, noting officials aren't sure where Murray is living now. She also questioned whether the bank had a duty to pay to store Murray's things. LeBlanc said the decision was made to do so out of 'an overabundance of caution. He's quite litigious.' The lawyers present for the Monday hearing said they were fine with the order the judge suggested, and she said she'd have it prepared. 'I expect that puts an end to the matters until June 17, 2013,' Clendening said. Murray's frequent filing of court actions and the tactics he's used have been criticized by several judges, including a judge of the province's highest court. In a decision on motion he wrote in June, Court of Appeal Justice Joseph Robertson said Murray and a handful of self-represented litigants like him are clogging up various levels of court and taxing administrative resources. Robertson also criticized Murray's habit requesting judges who rule against him to recuse themselves from his cases and then filing judicial complaints against them when they decline to do so. The appeals judge said it amounted to 'judge shopping' and ought not be tolerated. The order issued Monday in Murray's case mirrored another order in a similar one made by the same judge.

Clendening issued a six-month stay in the fall in a lawsuit brought against almost 100 defendants filed by Evelyn Rebecca Greene, alleging a massive conspiracy against her in the healthcare sector, government and police to silence her criticisms of health-care and ambulance workers. Greene had requested an adjournment of the case for health reasons, and Clendening stayed it until March. She said if Greene wanted to continue with the case, she'd have to bring proof from a physician indicating she was well enough to proceed.

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Copyright 2012 Fredericton Daily Gleaner 12/18/2012