https://ftonindependent.substack.com/p/former-squatters-12-year-old-lawsuit
Former squatter’s 12-year-old lawsuit dismissed
Judge determines André Charles Murray has done nothing to advance his case since 2011; defendants can’t find him
A judge has dismissed a lawsuit filed 12 years ago by a vexatious litigant who “has virtually dropped off the face of the earth.”
André Charles Murray, 42, formerly of Fredericton, filed a notice of action and statement of claim in the Court of Queen’s Bench, as it was then known, against 47 defendants Oct. 20, 2011.
Those defendants included a variety of businesses, government agencies and individuals, including numerous police officers and deputy sheriffs.
The lawsuit stemmed from the disputed sale of a home in which he’d been squatting, as well as his various dealings with the courts, financial institutions, neighbours and police over his unlawful occupation of the property.
Legal counsel for many of the defendants were back before Court of King’s Bench Justice Terrence Morrison at the Burton Courthouse on Tuesday, having filed a new motion to dismiss the case for delay.
Murray was not present for the proceedings.
Lawyer Bionca Bastarache, speaking for several of the defendants in the case, asked Morrison to dismiss the lawsuit under Rule 26.01 of the Rules of Court, which allows for it in cases of excessive delay.
She noted the defendants and/or their legal counsel have taken extraordinary steps to find Murray since the last appearance on the file Aug. 2.
“We’ve hired a private investigator,” Bastarache said.
She said she also attended a scheduled criminal court appearance in recent months for Murray, who has a long outstanding assault charge against him, and he was a no-show for that as well.
Murray has applied to have that assault charge transferred to Alberta, Bastarache said. That’s the only hint as to his whereabouts at this point.
Lawsuit idle since 2011
“Notably, this litigation has been quite costly,” she said. “It’s been at a standstill since 2011.”
Bastarache the “inexcusable and inordinate delays” have prejudiced the defendants’ ability to answer to Murray’s allegations.
Morrison noted Murray has taken no steps to advance the case whatsoever since he filed it.
“Everything on the record indicates Mr. Murray has virtually dropped off the face of the earth,” the judge said.
The delays in the case amount to almost 11½ years, he said, “all of which is attributable to the plaintiff.”
Morrison said he’s satisfied the unheard-of delays have prejudiced the defendants, and he dismissed the action.
He asked the parties if they were seeking costs, but Bastarache said there was no point.
“We’re not seeking costs. We’re not going to get it,” she said.
Courts have ordered Murray to pay costs totalling about $35,000 in numerous proceedings in Fredericton over the years from other lawsuits, applications and appeals, and he’s never paid any of them.
Vexatious litigant
Murray was a frequent litigant in the Fredericton courts a decade ago, and also faces criminal charges as a result of his conflicts with former neighbours in the Marysville area of the capital and with government officials.
He’d been renting a Marysville home, which its owner sold the property in 2009. However, Murray refused to move out and claimed ownership of the house.
He filed so many frivolous and baseless court cases over the years, the New Brunswick Court of Appeal issued a ruling in June 2012 deeming him to be a vexatious litigant.
That decision from the province’s top court noted Murray’s filings were rambling and often incoherent.
It said he and others in a small group of self-represented litigants were clogging court dockets, and while judges have a responsibility to aid those representing themselves through the justice system, they also can’t allow them to abuse it.
Murray has been unable to file new court actions or applications since 2012, when Court of Queen's Bench Justice Judy Clendening issued orders prohibiting him from doing so unless he paid cash deposits with the court to ensure future cost orders would be paid.
Don MacPherson can be contacted at ftonindependent@gmail.com.
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