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IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON BETWEEN: ALLAN ANTHONY BUTTNOR Plaintiff - and - JANICE "KELLY" GARIEPY, REED LEARY and KEN MONTOGOMERY Defendants AND BETWEEN: KEN MONTOGOMERY Plaintiff by Counterclaim - and - ALLAN ANTHONY BUTTNOR and CHURCH OF SCIENTOLOGY OF ALBERTA Defendants by Counterclaim _AFFIDAVIT_ I, K. H. (KEN) MONTGOMERY, of the City of Edmonton, in the Province of Alberta, Police Officer, MAKE OATH AND SAY THAT: 1. I am one of the Defendants in the above noted action and as such have knowledge of the matters hereinafter deposed to except where stated to be based upon information and belief. - 2 - 2. On March 20, 1991, the Plaintiff caused to be issued a Statement of Claim in this action alleging negligence, conspiracy, malicious prosecution, and a violation of his rights arising from his arrest on March 8, 1991. 3. On April 3, 1991, my solicitors filed a Statement of Defence against the Plaintiff and a Counterclaim against the Plaintiff and the Church of Scientology of Alberta on my behalf. 4. On April 3, 1991, I am informed by my solicitors and do verily believe that solicitors for the Defendant, Janice "Kelly" Gariepy, filed a Statement of Defence. 5. On April 5, 1991, I am informed by my solicitors an do verily believe that solicitors for the Defendant, Reed Leary, filed a Statement of Defence. 6. On April 25, 1991, the solicitors for the Plaintiff, Bryan & Company, filed a Notice of Change of Solicitors advising that the Plaintiff had now retained their services. 7. On April 25, 1991, I am informed by my solicitors and do verily believe that solicitors for the Plaintiff filed Replies to the Statements of Defence of the Defendants, Ken Montgomery and - 3 - Reed Leary as well as a Statement of Defence to the Counterclaim of Ken Montgomery. 8. On June 26, 1991, I am informed by my solicitors and do verily believe that the solicitors for the Defendant, Reed Leary, Brownlee Fryett, filed a Notice of Change of solicitors advising that the Defendant, Reed Leary, had now retained their services. 9. On June 26, 1991, I am advised by my solicitors and do verily believe that the solicitors for the Defendant and Plaintiff by Counterclaim, Ken Montgomery, and for the Defendant, Reed Leary, filed a Notice to Produce. 10. On May 23, 1991, the solicitors for the Plaintiff, Cox Trofimuk Campbell, filed a Notice of Change of solicitors advising that the Plaintiff had now retained their services. 11. On December 4, 1992, the solicitors for the Plaintiff, Cox Trofimuk Campbell, filed a Notice of Ceasing to Act. 12. I am informed by my solicitors and do verily believe that my solicitors contacted the solicitors for the Plaintiff by letters dated July 7, 1992, September 9, 1992, October 14, 1992, and December 8, 1992, to advise as to whether they wished to discontinue the action against the Defendant and Plaintiff by - 4 - Counterclaim, Ken Montgomery, and the Defendant, Reed Leary. No reply to same was received. Attached hereto to this my Affidavit and marked as Exhibit "A" are copies of those letters. 13. I am informed by my solicitors and do verily believe that the Plaintiff has not taken any formal steps in the action since the issuance of Replies to the Statement of Defence of Ken Montgomery and Reed Leary, and the Statement of Defence to the Counterclaim of Ken Montgomery on April 25, 1991. 14. The Defendants have been prejudiced by the Plaintiffs failure to take steps in this action by virtue of the facts that: (a) The Plaintiff has failed to diligently pursue the action since the filing of the pleadings and has provided no explanation for the delay; and (b) I do verily believe the Plaintiff has no present interest in pursuing the action. 15. I make this Affidavit is support of an application for an Order pursuant to Rule 244 of the _Alberta Rules of Court_ to strike - 5 - out the Statement of Claim and dismiss the Plaintiffs action for want of prosecution. I will continue to pursue the Counterclaim. SWORN before me at the City ) of Edmonton, ) (signed) in the Province of Alberta ) --------------------------------- this 12th day of January ) K. H. (KEN) MONTGOMERY A.D. 1994. ) (signed) Tara Greenway ------------------------------------ A Commissioner for Oaths in and for the Province of Alberta TARA L. GREENWAY My Commission Expires: September 04, 1994 - 6 - Action No. 9103 05525 ----------------------------- IN THE COURT OF QUEEN'S BENCH OF ALBERTA ----------------------------- JUDICIAL DISTRICT OF EDMONTON BETWEEN: ALLAN ANTHONY BUTTNOR Plaintiff - and - JANICE "KELLY" GARIEPY, REED LEARY and KEN MONTGOMERY Defendants AND BETWEEN: KEN MONTGOMERY Plaintiff by Counterclaim ALLAN ANTHONY BUTTNOR and CHURCH OF SCIENTOLOGY OF ALBERTA Defendants by Counterclaim ----------------------------- AFFIDAVIT ----------------------------- BROWNLEE FRYETT Barristers & Solicitors #2300, 10104 - 103 Avenue EDMONTON, AB T5J 3X7 Andrea B. Porter (497-4862) File: 43,754-001/WSS (102410)
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Martin Hunt / martinh@islandnet.com / August 15 1997