Saturday, May 24, 2008

Law Society of New Brunswick?

Law Society of New Brunswick

Suite 206, 1133 Regent Street

Fredericton, NB

*First contact with Douglas Caldwell by telephone is when he was at Phil Moore’s house. I think it was Oct. 31, 1997.

*The first meeting with Douglas Caldwell was between November 5 to 20, 1997.

*At the meeting with him I was told, it would not cost me a cent for his Services, and he had done over 400 cases of Expropriation. I was told the same by Phil Moore before I talked to Mr. Caldwell on Oct. 31, 1997. This is why I know I Was talked to Mr. Caldwell for the first time in October.( I had no metting on oct.31

I do know that the File was not turned, over from Allen Miles till January 15, 1998 and Mr. Caldwell was not my lawyer until after this date..

The File was transferred from Allen Miles Office . TO Solicitor John B. Logan in Saint John ,on or about January 15 to 19, 1998, to the Saint John office, and I was told that John B. Logan was my N.B. Lawyer.

12-Nov.-97 Copy Plans at Ellis Engineering, I don’t think this has anything to do with my File. This is in Caldwell bill of cost.

Most all document below :” I will not see till August-of -2001 “?

Schedule A, Part 1 Document from the Richard Harris File. (A5) Interim Report signed by Stephen LeBlanc (2 pages)-on my way home from a meeting with Ms. O’Brien and John Raymond,on dated Feb. 12, 1997. Page 255 Paragraph 18-Examination for Discovery Volume II, Sept. 11-12, 2001 Paragraph 48-Pag264, 49-50 Applicants Exhibit Book volume 1, Tab 31x34-35-36-37-38-39-40-41-42-43. Fact-Wedding Invitation to Marilyn Harris from Stephen and Kim LeBlanc-October 26, 1996. Stephen and Kim visited the store in 1994 and knew all about me and H.A.R. Construction so when he Quotrs he did know much about ,Richard Harris >. He is lying

Interim Report-Department of Transportation, File #71-H-6007-A1

A2-Inspected Property-Date January 17, 1997.

A3-Letter from Galore Giggie to Lonnie Forbs.

Now look at A-5 meeting with Stephen LeBlanc on Feb. 12, 1997-He was implying he did not know about H.A.R land. Just Lot 92-1 and 92-2. I think A-2 was made up on Feb 12, 1997.

A-7-May 28, 1997-Letter from Honorable Sheldon Lee to Richard Harris.

A-6-I had Survey Plans showing the amount of property required from Mr. Harris and his company (H.A.R Construction) and I am available to meet at his convenience.

On or about May 20, 1997 in a phone call with Mr. Leblanc told him about Replace land at French Lake-Waterville Road that could be purchased for around $150,000.00 and pay me for the work I lost on my property. South and North street. He then turned around and said I will give you $15,000.00 each for the Front lots if you will sign of for $3,000 for the back land. After this phone call I told him I would not talk to him any more and asked him to get me new Land Agent as he knew who I was and I didn’t think I should be dealing with him.

Look at May 28-1998 Letter without Prejudice to Hon. Sheldon Lee, Minister of Transportation from Douglas A. Caldwell-Fair Market value of land Expropriated-6 Lots. This should of Read 12 not 6.

Trial Division-Exhibit List R-17 Loss of 6 Lots, look why this Exhibit R-17 even showed up in court.( Why is,) because of the meeting of March 15, 2000. Re-Court File F/C 187/04 -meeting arranged by Rex Tucker [here why ?] because-Goodwin-John Logan-Douglas Caldwell. Had my case on hold from May 31, 1999. LOOK what happen from March of 1999 to December 13-1999, ? I will tell you in my time of Costs

Draft-Notice of Arbitration (Form B1), the one I saw in 1998 that I was telling my lawyer John Logan that I have lost 12 lots to the tacking and he sent this to me. I would not see May 28, 1998 letter till Aug. 2001. Looks like John Logan-Douglas and John Raymond knew what was in Mac Carter File back in 1998.

On or about August 12, 1998 meeting with Gerard Daly-Capital Projects and Associates, 513 Union St., Fredericton-NBAREA Register #5000 at Haneytown on property, wanted to get an Opinion Letter to get meeting with DOT. He parked his car on south Street and we walked the property, showed him the Plan of Giggie and the Drawing that I gave Mac Carter in Nov. 14, 1997 of how many lots left, 6 after the taking. He said the 2 front could be Commercial Lots and should be worth 25-30 thousand a piece. Also said the back lots should bring at least 10 to 12 thousand per lot. I gave him the three reports of Carter to look at and he told me he would get back to me in a week or so.

On or about August 28, 1998 Mr. Daly to let me know he has a letter for me and wanted a meeting in Lincoln at the restaurant. He will not give me back the Document or let me look at the letter, without me paying him the 400 dollars. I n our talk I learn he was talking to Jennifer Logan at D.O.T about our meting that was to be with his letter. So I paid him and got my document back. Before I even had a chance to read the letter he was gone, and I could see why.

Fact ahead to Discovery Sept. 11-12, 2001 Mr. Raymond Produces a Drawing. See Drawing and Letter of August 28, 1998. Mr. Gerald Daly knew he was not a AACI when he took my money and knew I would not be able to use him to do an appraisal.

On or about January 2003 I find out that Mr. Douglas Caldwell was talking and sending letters to Mr. Daley also a letter to John Logan.

Department of Transportation Interim Report File #71-6-H-6023 and File #: 71-H6007-Mr. Harris explained Sole Signing Officer for H.A.R Construction Limited and explained he had spoke with the Minister’s Office and the Premier’s Office. I was into planning and saw Heather Pugh on or about Feb. 14-22, 1997 to take all my land and save a half million dollars. This is what I was talking to the Premier’s and Minister’s office about, and I am willing to sale the whole entire property or none. I knew by this time they bought all of Lester Brown’s land but did not know what they paid for it. Lester Brown told them all or none. the premiers office was telling me 48.000 was paid for Lester Brown's property. Just like what D.O.T. was telling me.

Loss at this time- Sale of House on Branch Road, Loss of 6 weeks that I could have been working on the property. Did know that I would sessions-Re: D.N.D i could not get a good job in Base.

Book of Exhibits on behalf of Respondent #18 and #20-also talk to Andy Scott about the matters with D.O.T and D.N.D. Finally got a job out west. Called up Allen Miles and told him that D.O.T would have to buy all the property or none and

Wanted to be reimbursed on what it will cost me to go to work in Yellowknife. He knew I lost the sale on my old house. Left New Brunswick on June 9, 1997.

Interim Report May 30, 1997, June 6, 1997, June 9, 1997. Letter to Allen Miles June 10, 1997, June 25, 1997. Interim Report File #71-H-6007, if Mr. Leblanc was talking to Marilyn on May 30, 1997 why did he not inform her about this letter of May 28, 1997 from Sheldon Lee? Why he knew on May 30, 1997 I would be leaving to go work in Yellowknife, and more then that was setting the stage for Mr. Carter? Why was Mr. LeBlanc to see us on February 12, 1997 with no plan, there was a plan at the meeting in Oromocto dated 12/96 I think. Mr. LeBlanc knew June 4, 1997 that every thing was to go to Allen Miles.

September 10, 1997, Sold Gravel Pit. Look at letter to the Attention of Stephen R. LeBlanc, Appraisal from Allen Miles, November 18, 1997. Paid October 20, 1997.

A-21-10-Oct.1997-The October 6, 1997 letter that I would not see till December 1997. November 5, 1997 further states that my offer is good until December 15, 1997. Offered August 5, 1997 Richard Harris $30,000 for two entire building Lots. Offered August 5, 1997 H.A.R Construction $3,194 (2,87x590 plus 1,500 for access).

Request For Information-Department of Transportation to Gerry Goguen, Nov. 5, 1997 from Darrell Manuel from Allen Miles October 31, 1997File #: 293-12-6007 Expropriation-Richard Harris, Marilyn Harris, H.A.R Construction Limited.

Date October 24, 1997 to Fraser Nicholson from Eric MacNaughton-Planning and Land Management for Mr. Malcolm J. Carter.

November 14, 1997- Malcolm J. Carter meeting with Richard Harris on property. He knew I just sold Gravel Pit. Just came back from out west. Been delayed from working on property from February 12, 1997. Seen that the street was all ribboned out to finish the cut for the street. Knew I sold the Duplex, formerly the store. Knew I wanted D.O.T to take all the land and save the Salt and Sand Storage Building. Est. Knew there was Concrete Store on Lot 92-2, offered to buy entire lot on August 5, 1997. They knew it would cost me money by leaving part of this lot. Property Tax, the concrete that was piled on it and what would go on in court 2005. Eight years later build streets on both sides of Lot 92-3.

November 10, 1997- Letter to Allen Miles Solicitor from Stephen LeBlanc D.O.T is not willing to purchase the remaining lands. Now Mr. Leblanc knew I was home by now. So why is he making the offer to Miles with out me knowing about this and Allen Miles in not letting me know.

December 18, 1997- letter to Marilyn Harris from Alfred J. Hamill now this is when we see Plan #82 for the first time with these documents. Also this letter was sent to wife to make it look like I left her. Excuse for Mr. Leblanc and set up of Carter in how they would take the prices to suit their needs and the lawyers they would be hiring.

D.O.T Interim Report-File #71-H-6007 Project 714 January 5, 1998. Fact-He knew my address did not change. There is only on report by the independent Appraiser, Mac Carter. Mr. LeBlanc knew about the Replace Land for $150,000 as he is an Appraiser and knew what the entire property would sell to a willing buyer, that wanted to build 18 homes.

Fact- Between January 15-23, 1998 turn the file over from Allen Miles to Doug Caldwell.

Fact- Mr. Malcolm, J. Carter, AACI, FRI, CMR turn a Report in to D.O.T on January 23, 1998. He testified to this in court March 2005. Why did Mr. Justice David H. Russell not ask to see the report.

Fact-Schedule “B” Documents of Patterson Palmer and Richard Harris: (1) November 7, 1997 Internal Memo to file, (2) November 7, 1997 Letter from PP to Richard Harris, (3) December 8, 1997 Letter from Patterson, Palmer, Hunt, Murphy to Richard Harris.

January 19, 1998-Route #2 Oromocto River to Geary Interchange-Our File # 18151\971945 Retainer Agreement from Patterson, Palmer, Hunt, Murphy-none of the about letter had Counsel-Hon. M. Douglas Young, P.C. name on them.

D.O.T Interim Report dated January 26, 1998 Status of the Appraisal Report. Stephen LeBlanc explained that the Appraisal Report in question was not available at this time. The date of the Nov 3 Report of Fredericton Appraisal Associates Ltd. was December 9-15, 1997 and January 12, 1998. Mr. Stephen LeBlanc also indicated he knew I have changed lawyers to Douglas Caldwell. Now loot a the undated offer of August 5, 1997 of Richard Harris, H.A.R Construction –D.O.T Plan 12-2-0037, D.O.T Plan 12-2-0036 and 0037. Currently represented by Dough Caldwell as of Jan. 23, 1998.

Fact-Mac Carter worked on a Report from November 14, 1997 to January 23, 1998 and then turned around on January 23, 1998 on D.O.T direction did 3 reports and was finished the first Report by February 4, 1998, No Injurious Affection, #2 Report February 9, 1998, No Injurious Affection and #3 Report February 17, 1998, No Injurious Affection.

What did D.O.T know about Richard Harris on November 14, 1997. Mr. LeBlanc knew I had been working on the property since 1993, he also knew I could not start my new home on property in May 1997. Had to go out side of New Brunswick for work. Knew I sold my gravel Pit and wanted then to take the entire property and pay me $180,000 for it. Eighteen building lots, 500 meters from the Town Line. He knew we had equipment to work with. He knew the property was in H.A.R construction name. John Raymond-Jennifer Logan-Collen Brown also knew these facts. Mac Carter knew the above facts and knew that there was no land for sale from 1994 that was listed with Real Estate.

Did D.O.T know that Mac Carter also worked with Peterson, Palmer on January 23, 1998 and the M.R.D.C Lawyer was Patterson, Palmer

I Richard Harris went to D.O.T and showed them that they could of saved a half million dollars by taking all of my property, by not moving Salt and Sand Storage Building.

I would say on January 23, 1998 that D.O.T Head People-Mr. McEwing, Mr. John Raymond, the Minister Sheldon Lee, the Premier’s office of Frank McKenna, The Justice Critic Brad Green, MLA Von Blaney, etc. All knew that M.R.D.C ‘s law firm was Patterson, Palmer, Hunt, Murphy and they used a Nova Scotia lawyer to do Expropriation Cases in New Brunswick.

All the above would know. The New Brunswick Association of Real Estate Appraisers was incorporated on January 1, 1995 when the Province of New Brunswick Legislative Assembly passed Bill 17, Chapter 108 of the Provincial Legislation the Act to Incorporate the N.B. Association of Real Estate Appraisers.

Mr. McEwing, Mr. Raymond, Mr. Sheldon Lee would know that Mr. Douglas Caldwell a lawyer had 70 some cases on file at D.O.T. Land requirements for D.O.T. Fredericton to Moncton Highway and M.R.D.C had this job. Also as Counsel, Hon. M. Douglas Young, P.C. was part of the Atlantic Canada Lawyers, Patterson, Palmer, Hunt, Murphy.

(REF) McLeod v. N.B., (2000) N.B.R (2d)(Supp) No. 13 TD) Respondent (File No: M/M/206.1996) This case started in 1996. Page 1-14 McLeod v. N.B., (2000) N.B (2d)(Supp.) No. 11 (Paragraph 31) In the circumstance of this case I find that Mr. Goodwin’s account is excessive and unreasonable, W.H. Goodwin Account $83,350.29. (Paragraph 32), If the latter were to occur then only the rich could fight the Government. Fifty-two of the Expropriation Act is the fully compensate a citizen reasonable cost. Court should err on the side of the person whose land was expropriated.


WHO was the landowner?

H.A.R Construction Limited, Richard A. Harris and Richard James Joseph Harris, a small contractor and son who bought land for work and income. This is, a realistic example of the, Rules of Life.

WHO are the Lawyers involved?

From May 1997 to January 1998 this was Allen Miles. What did he know? He knew a stop work was put on the property in early 1997 by D.O.T. He knew the property was under development. The high way was for some reason relocate. Time and expenses had been incurred in development of these properties. The balance of my client’s Property no longer is feasible to develop. He knew I went to Yellowknife, NWT for work. He knew I lost the sale of my old house on Branch Road because of D.O.T and D.N.D Defense Construction Canada. March 12, 1996 Letter to Attention of George Legace. Project: Demolition of Various Base Buildings, CFB Gagetown. N.B. He knew before I went out west for work that I went to D.O.T with a Drawing I received from Lonnie Forbs, route 2, Fredericton to Moncton, Waasis road Interchange to Geary Interchange, 12/96 where I draw a line on it. So D.O.T could take entire property and save the relocation of the Sand and Salt Storage Building. This was February 1997. I think he knew this May 1997 but his letter did not say this October 6, 1997, Notice of Objection, form A-10. He knew in late August 1997 that I would be selling my Gravel Pit. Allen Miles knew or ought to have known the loss of 18 lots to Richard Harris in Gravel Sales would be a loss of some $180,000.00 alone. He ought to have known Richard Harris incurred travel expenses to leave New Brunswick for work. Also the legal costs to him. The 29th day of September 1997 I received a summons, to a person charged with and offence RE: Section 434(b) CC letter November 27, 1997 from Allen Miles. He knew a stop work was placed that no work could be done on North Street, May 1997 due to the summons, 434(b)CCC. Why because I lost the sale on my old house with no place to build a new one unless I bought more land, which I tried to do in May 1997 from Irving Wood Land. Beside my Gravel Pit Land (Road Front Property.

I went to Andy Scott MP about 434(b)CCC and found out from Allen Miles that he Allen Miles was connected heavily to the Liberal Party. What he failed to do, the proper pleading on the Notice of Objection, Pleading on my real loss. The work and cost of 1997. Form A-10, Loss on Gravel Pit Sales, Loss of Gravel on 18 homes and lots.

Mr. Justice David H. Russell, Decision: Paragraph (16) Mr. Harris has a limited formal education, but is a Licensed Carpenter, licensed to install on site disposal systems. If a contractor did this for me on house and lot alone would cost between 6-8 thousand dollars. Sold Gravel Pit, September 30, 1997, had subdivision Development Land that Phase 1 all ready approved. The equipment that sat in the dooryard for 8 months that was all ready to work on the development of the property on February 1997.

Where did it happen? Between D.O.T. office and Allen Miles office.

When did it happen? Between May of 1997 to January 1998.

Why do you think it happened? Politics and because the Liberal Party and I don’t believe he knew much about Expropriation Act, RSNB, 1973, chapter E-14. I think the pleading on Objections was for D.O.T. benefited.

But now I wished I had stayed with him compared to negligence and error of the lawyers that did 400 cases of Expropriation and the third biggest Law firm in Atlantic Canada, Patterson, Palmer, Hunt, Murphy Law. D.O.T. bullies, D.O.T strong arm approach acted in a matter when there was or was likely to be a conflicting interest and failure to follow the client’s instructions. Filure to keep the client reasonably informed for information, failure to respond to the clients telephone call, informing the client that some step will be taken by a certain date, then letting the date pass without follow up information or explanation, also the failure to answer, within a reasonable time a communication that requires a reply. Withholding information from the client or misleading the client.

On February 19, 1998 Phone call to Stephen LeBlanc, I was told the report was worth 20 some thousand. Look at the Interim Report Dated February 18, 1998 call to him after hanging up the phone on February 19, and then call Von Blaney, MLA who arranges a meeting with Sheldon Lee at 4:30 p.m. at the Legislation Building. By this time I knew the lawyers were hooked up with M.R.D.C. (Lee) Pages 35,127,128,131,135,138,156,163,164,166 and 167.

Examination For Discovery Volume One September 11-12, 2001.

Mr. Lee purportedly offered to pay you $100,000. Question 768, Page 135 to Question 783 Page 138.

Fact: Told Mr. Lee what I would take on February 19, 1998 for all the land which was $200,000, because I just sold my Gravel Pit on Sept 30 1997 and wanted to move out west with my family to start over.

I think he knew I lost over $100,000 in the sale of the Gravel Pit alone and lost a year of work on the property. He knew I was charges by D.N.D. I know he knew about the Salt and Sand Storage Building that would have to be moved. I knew he would know that Douglas Young was tied up with the Law Firm Patterson, Palmer, Hunt, Murphy. What I did not know at this meeting was that there were two cheques all ready made up on February 16, 1998. I think now in 2006 that he delibertly made this offer to keep me on the hook for the Law Firm of M.R.D.C. and he knew this lawyer was from N.S. and would make a difference when it came to the law, which I would not find out until June 9, 2003.

D.O.T Interim Report dated February 26, 1998, was received at Planning and Land Management February 25, 1998 (Exhibit 14) from Discovery, 2001, first page of the January 19, 1998 Retainer Agreement. Our File No: 18151\971945, First Page Only.

(Hand right on it) Quoted letter I received from Patterson, Palmer, Hunt, Murphy, Law Firm which I have not signed as of yet. This was hand delivered with my Document that became Exhibit 14 at the 2001 Discovery.

January 23, 1998, D.O.T Interim Report, A-34 File # 71-H-6007, received a letter from Doug Caldwell, Solicitor, advising that he is now representing Richard Harris.

Fact: Same day that AACI, FRI, CMR, Malcolm J. Carter, NBAREA Register No. 009050 testified in court he turned a report into D.O.T on January 23, 1998

The Basic Rules of Evidence

Information can be admitted as evidence where it is relevant to a material issue in the case.

Received Mac Carter File Notes , 2002 at the same time that the particulars of Form 27-M action by the National Bank, april 23, 2002 Filing/Processing 107 Divorce. Affidavit of Documents (Forms31-B) March 8, 2002 Small Claim No F/SC/132/02 and Est.

Fact: A five page letter undated in which Mr. Raymond questions confidential without Prejudice , Fax to Mr. Caldwell on or about January 2003.

Fact: A five page Questions and Comments for lawyers, Mr. Carters notes, September 21, 2002, Page 2 of January 2003 “There is a reference to talking to Eric about a figure of $14,651 and Page 47 of his report.” I think this is his figure on Lot 97-2 and whole Lot 92-1 in the report he turned in January 23, 1998.

Page 3 “the large parcel listings were sent January 23, 1998 at 11:52 A.M. and Mr. Carter made a note he received them and listed the PID number on the same page as his notes.

Left side of Page 3, see 4/4/00 a letter of November 1, 2002 Fax to Mr. Caldwell.

Meeting with Sheldon Lee, February 19, 1998, Mr. Lee offers $100,000 for the total property after the meeting I will supply a proposal to justify the $two hundred thousd dollors, and I ask for the total property.

Fact: D.O.T, Property Negotiations and Appraisal System File # 71-H-6023 dated February 26, 1998, Stephen received proposal from Richard Harris, included plans for subdivision and retirement etc. received February 28, 1998.

Fact: D.O.T Interim Report File # 71-H-60

Fact: D.O.T Interim Report File # 71-H-6007, date printed July 27, 2002, date July 22, 1998 Stephen, your reference “My Appraisal” does not appear in the file. Would you please check your records and advise.

Fact: Date Printed July 27, 2000 D.O.T Interim Report. File # 71-H-6007, date March 12, 1998 Jennifer A. offers a tender sent registered mail. The 3 reports that Mac Carter did after January 23, 1998 or was it there because of the phone call Richard Harris had with Sheldon Lee on March 1, 1998. Lee acknowledged on March 1, 1998 that he would pay $15,000 each for Lt 92-1 and 92-2 because of the Carter Report offer. As Lee knew they were know lots that could be bought for less in location and would pay for street improvement on the whole property, or was this phone call to ease me about the Conflict on the letter I was receiving from Patterson, Palmer, Hunt, Murphy with Doug Young on the also the 75 cases PP had on file with D.O.T. What I did not know about D.O.T, Fredericton Appraisal and Patterson, Palmer and all the appraisals in New Brunswick. I knew that Patterson, Palmer was hooked up with Doug Young, M.R.D.C on February 19, 1998.

I did not know that Fredericton Appraisal did an appraisal for Patterson, Palmer on another file. The Government Legislated a Board for Appraisal in New Brunswick in 1995. Just before M.R.D.C got the job to build the highway. I would learn of Carter working with Caldwell in 2003.

I would presume that D.O.T knew that Carter worked with Patterson, Palmer and like the McLeod v. NB (2000) N.B.R.(2d)(Sapp) No. 13 (TD) File No: M/M/206/96 that the law firm that had 75 cases of expropriation, was hooked up with M.R.D.C and the taxpayers of New Brunswick were paying the lawyer and Appraisal Bill on cost to do the Expropriated Act.

McLeod v. NB, (2000), N.B.R. (2d) (Supp.) No. 112 (TD) Paragraph(14), Analysis the right to be compensated for legal and appraisal costs is derived from the Expropriation Act. It is based on the proposition that the taking of Property is the ultimate exercise of interference with a citizen’s property rights. Toronto Area Transit Operating Authority v. Dell Holding Ltd. (1997) 1 S.C.R. 32-206 N.R. 321; O.A.C. 81. consequently the person whose property has been taken should be compensated both for the loss of property and the costs to establish this loss, from February 12, 1997 to June 3, 2005, Loss of the Plan of Employment, cost to hire an AACI Appraiser, Loss of HST Tax in 1999 when I had to use up all my RRSP’s that I had for old age because of self employment. See Paragraph 14-22.

Paragraph 23, Rule 59.02 of the Rules of Court gives factors, which the Court may consider. The rule provides costs of a proceeding. In fixing costs, the court may consider: (a) the amount claimed and the amount recovered. Claimed amount before February 17, 2005, Notice of Arbitration (Form B-1), Amended Statement of Particulars (Form 27-M) Net Claim $1,933,749.19. Consented to this day of 14th of November 2003, David D Eidt, Sent August 15, 2003).

Settlement Conference scheduled for February 17, 2005.

Fact: February 28, 2005, two page letter from Patterson. Palmer, Copy to the client, (Quote) you will note that pursuant to our telephone conversation, I have copied this letter to the Court. This is a lie! I did not talk to Robert Pineo on the telephone from February 21 to 25, 2005, recorded cassette tape of the telephone call, D.O.T used A=8 memo dated December 19, 10996 of Heather Pugh, Interim Report, Stephen LeBlanc, January 20, 1997-28,29,30,31,32,33,36,39,40,41,42,43,44,45,46,47. Letter back and forth, to and from, lawyers that the property owner will not see for year or momths

Fact: Net Claim $1,933,749.19, David Eidt know this on November 14, 2003. he make offer?

Without Prejudice

Offer to settle pursuant to Rule 49 of the Rules of Court. This offer is based on the following key facts. Sent to Janie C. Eddy on November 17, 2003, your File N0: 985026 by David Eidt.

Richard Harris received March 4, 2005 by Fax nine pages. Paragraph 3 payment of reasonable legal and appraisal costs to be determined. It is a condition of this offer that these sums be divided between the applicants and Marilyn Harris. Court order as between each. Divorce paper was sent in to Patterson, Palmer in December of 2002.----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Before Mr. Justice David H. Russell (Decision) Paragraph 16, Mr. Harris, he has a limited formal education, but is a licensed Carpenter and Licensed to install on site sewage disposal systems. Paragraph (3) Owner’s time and owner’s cost, David Eidt knew or ought to have known that Richard Harris had a Statement of Account from Mr. Goodwin or bill owing $70,632.88 on November 17, 2003. Mr. Justice David H. Russell ought to know (Paragraph 45-51). Goodwin, Statement of Claim was prepared by Mr. Harris, 45-Carter-Goodwin-Market value for the part taken $5,750.00-for street building-$18,600.00. Decision, when was it made? Look at John Raymond’s offer to settle April 4, 2000-$71,800.00. Goodwin statement was given to them on March 15, 2000 at the File Number: F/C/187-04 Paragraph (24) on or about March 7, 2000. Mr. Tucker arranged a meeting with D.O.T on March 15, 2000.

Email from Tucker to John B. Logan and Doug Caldwell, Subject: Richard Harris, Case Confidential Exclusive, sent Thursday February 3, 2000 at 3:07 P.M.

February 1, 2000, Mr. Tucker arranged a meeting in Moncton with lawyers and Goodwin.Feburary / 1/2000. I think after this meeting Mr. Tucker started working for his own best interest on my case. Because on March 17, 2000 he stopped working with me for a while. He started back on the file in March of 2001?

Before the Discovery of 2001. Look how D.O.T and my lawyers got to use the Carter File notes. R. 17 Sketch of 10 lots prepared by Mr. Carter.

Letter August 14, 2001 to Mr. Jamie Eddy from Marie T. Berube, Solicitor, Please note that we have excluded our Appraisal Reports (A-30-31, 124). Rex Tucker’s Appraisals (A-85, 97, 100, 155). Please return our original documents within 5 days. Rex Tucker did a {criteek] on Carter 3 reports to have then dismiss so i would not need a report to get to court.

Back to Paragraph 23, Rule 59.02 give factors which the court may consider, (a) the amount claimed and the amount recovered, Russel J., $909,614.65-;;;;recovered;;;;=$43;000.00

D.O.T Property Negotiations and Appraisals System, date printed 27-July-2000, Interim Report.

Date 26-February-1998, Offer

August 5, 1997 LeBlanc $33,194, March 1998 Carter Reports $20,726.

Richard Harris, February 25, 1998 (Exhibit 14) $494,000. Counter offer from Doug Caldwell $440,274. Richard Harris would accept $180,000.00 on February 26, 1998. Lawyer’s bill at this time was no more that $3000.00 on February 26, 1998 and only one year of my life. Now in 2006 look at what has been paid by the taxpayers of NB to put Richard Harris on the street. Carter reports over $10,000, discovery of 2001 Three to five thousand dollars, Chambers Motion in Court-Don’t know, discovery of 2004 Four to five thousand, Bill of Costs from Douglas Robert Pineo, Jamie Eddy and John Logan, total of outstanding bill of Costs $212,359.86. The cost of moving the Salt and Sand Storage Buildings at least a half million dollars.

McLeod v. NB, Page 9 of 14 Paragraph (23) Rule 59.02

(a) the amount claimed and the amount recovered

(b) the apportionment of liability

(c) the complexity of the proceeding

(d) The importance of the issues

(e) the conduct of any party which tended to shorten or unnecessarily lengthen the duration of the proceeding

(f) the manner in which the proceeding was conducted

(g) any step in the proceeding which was improper, vexations, prolix or unnecessary

(h) any step in the proceeding which was taken through over caution, negligence or mistake

(i) the neglect or refusal of any party to make an admission which should have been made

(j) whether or not two or more defendants or respondents should be allowed more than one proceeding by different solicitors or where, although they defended by the same solicitor, they separated unnecessarily in their defence

(k) whether two or more Plaintiffs, represented by the same solicitor initate separate actions unnecessarily, and

(l) any other matter relevant to the question of costs.

#24 in Mikalda Farms Ltd. v. Halton (Regional Municipality)(1998) 67 LCR. 138, in this case the property’s full compensaton for market value, Disturbance damage and injurious affections. Est. 58.06 (1) of the #24 Rules of Civil Procedure. [there were no disturbance damages in my case/ put in by my lawyers]

I have also considered Eight of the nine factors approved by the Court of appeal in Cohen v. Kealey and Blaney (1985) 26 CPC (2d) being

(1) the time expended by the solicitors

(2) the legal complexity of the matters dealt with

(3) the degree of responsibility assumed by the solicitor

(4) the monetary value of the matters in issue

(5) the importance of the matters to the client

(6) the degree of Skill and Competence demonstrated by the solicitor

(7) the results achieved

(8) the reasonable expectation of the client as to the amount of the “fee”.

(#5) The client had land that would make 18 building lots in one place.

The client was a Licensed Carpenter (2500).

The client was self employed most of his life

The Client investment from 1992 to 1997

The Client invested his time from 1997 to 2005 to have the matter resolved as quickly as it could be.

The highest and best use of the property to the client was 18 building lots after March 1996 and needed to start work right a way when the preperation work was finished.

Page 11 of 14 Paragraph (30) his Business Profitability Calculations as was pointed out, there were numerous error’s in Goodwin Report. Carter did not do Subdivision Development, the before and after method.

Why-in Carter’s report Highest and Best use Holding Property because he stated it was not feasible, Goodwin Report was arranged to produce the same result if I use him in court. Look at McLeod v. NB Paragraph (30), in addition, Mr. Caldwell was aware that Carter worked with him, and also Goodwin worked with him.

Rules of Evidence-Fax from Department of Transportation. Planning and Land Management, dated Januray 22, 1999 to Harrison Goodwin from Jennifer Logan, remarks as a result of our telephone conversation. Pleased find enclosed the Notice of Expropriation regarding Richard Harris/H.A.R Construction Ltd.

Fact: In the documents of Notice of Expropriation that I received there was attached a Plan as number 82. I believed that anybody that got Documents of Notices of Expropriation would receive similar to plans such as #82.

Fax to A. Lonnie Forbes from Ross Little dated 1997/02/03 Exhibit List, Court No F/C/32800, Trial division (A-9) three page document dated February 3, 1997, please contact Mike Phillips or Heather Pugh.

John Raymond document Part II from H.A.R Construction Ltd. File A-107 dated February 3, 1997 when did Richard Harris get the documents on or about August 22, 2001.

Now look at Page 90 of Goodwin Draft Report and "draft report" enclosing Plan #82.

I Richard Harris had no idea what Plan 82 was till March in court 2005, so how did Goodwin know about this Plan in 1999. Not unless in conversation with Jennifer Logan if he knew the out come of June 3, 2005. Decision of Mr. Justice David Russell, then why did he try to have me guarantee him 70 thousand dollars out of the settlement.

Fact: Settle pursuant to Rule 49 of the Rules of Court dated November 17, 2003. Amended reply to the Amended Notice of Arbitration as amended on January 25, 2002 and August 15, 2003. (Form B5).

Court of Queen’s Bench received and filed February 17, 2004 dated at Fredericton, New Brunswick this 13th day of February 2003. Per: David D. Eidt. Examination for Discovery held on March 24 and 25. A.D. 2004

Page 4 of the amended Reply Chapter H-5 and Paragraph 20(5) of the Matrimonial Property Act, S.N.B. 1980 Chapter M-1.1. I think the Matrimonial Property act did not exist and was changed as it was discriminatroy and I believe this was a message for the judge that my claims did not exist. And I was a client that could not agree with anything.

No comments: