Notice of Intent to Defend Willi Nolan and or Jane Doe 13Nov2013

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(text of Notice of Intent to Defend on behalf of Wilhelmina (Willi) Nolan (as named Defendant and/or "Jane Doe) as filed at Moncton Court in November 2013

(text of Willi Nolan-Jane Doe Statement of Defence as filed at Moncton Court in November 2013


Court File No. M/C/659/13 Court File No. M/C/663/13


IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK

JUDICIAL DISTRICT OF MONCTON

BETWEEN: SWN RESOURCES CANADA, INC,

Plaintiff/Applicant,

- and -

LORAINE CLAIRE, JIM PICTOU, SEVEN BERNARD, JASON OKAY, GREG COOK, WILHELMINA (“WILLI”) NOLAN, MELANIE ELWARD, ANN POHL, RACHEL DAIGLE, SUZANNE PATLES, JOHN DOE AND JANE DOE,

Defendants/Respondents.


NOTICE OF INTENT TO DEFEND

(Form 20A)

TAKE NOTICE that the defendant, Wilhelmina (Willi) Nolan (as named defendant and/or “Jane Doe”), intends to defend this action.

The defendant, Wilhelmina (Willi) Nolan (as named defendant and/or “Jane Doe”), intends to proceed in the English language.


RE: STATUS OF THE CLAIM AND DEFENDANT:

Defendant is aware of a Discontinuance filed by the plaintiff with respect to actions known by them to have been taken personally by her as named defendant. Plaintiff is proceeding against all protesters (as “Jane Doe”).
As of today, Plaintiff has made no offer, e.g. of indemnification against costs of prior actions, nor of future actions, for either named or un-named defendants (“John Doe”, “Jane Doe”). Nor is the scope of “Jane Doe” clear (active protesters, all protesters, all persons in New Brunswick, all persons affected by SWN's operations, etc.). Nor has any representation come forward to present their concerns or defenses. Counterclaim may be required to resolve these. If so, defendant intends to file same.
Accordingly, it seems appropriate to file a defense at this time despite the discontinuance, as the deadline is imminent and there is no time to resolve these concerns without risk of a default with respect to these present and future costs or more generic claims.
Even should this be resolved, the defendant would seek to be heard as a friend of the court on the public interest matters, and would seek competent representation to speak for the widely shared public interest concerns of “Jane Doe” and “John Doe”.


Dated at Moncton, New Brunswick this 13th day of November, 2013.


<signed>

Wilhelmina Nolan


--Nbreferata (talk) 14:04, November 19, 2013 (EST)

REFERENCES: Notice of Discontinuance and cover letter from McInnes Cooper lawyer Matthew Hayes as filed at the Moncton Court on November 13th, 2013)