I’m posting the materials that have been filed with the PEI Supreme Court as the Motion Record for CMT’s Emergency Motion, but in more managed “segments”.  There are five parts in total, three having already been published:

1   July 28, 2021: “CMT FILES Emergency Motion in PEI Supreme Court – More Egaming Documents Go Missing Under King Government,” which announced that the action had been launched, introduced the CMT’s legal counsel on the case, and gave some background context for what spurred the filing by CMT, i.e., my FOI request. The Order on that FOI request from the Information and Privacy Commissioner was provided as a PDF.

2. July 29, 2021: ” I previously published the “Notice of Motion” for the Action  (7 pages)which outlines what CMT’s legal counsel is seeking from the Court, and the evidence that will be relied upon in making the legal argument that what is being sought should be granted.  

3. August 4, 2021: “Privacy Commissioner Shines Light on Dan Campbell With CMT’s Emergency Motion Hearing,” provided a more extensive overview of the matter at the heart of the Emergency Motion by CMT, including the players involved the role each of those players “played,” and a more detailed examination of some of the matters (and problems) associated with my own ongoing pursuit of documents that have mysteriously gone missing.

4. August 6, 2021: Paul Maines’ Affidavit” [SEE BELOW]

5. TBD: Kevin J Arsenault’s Affidavit

6. TBD: Entire Motion Record, i.e., containing exhibits referenced in the two affidavits.


Maine’s sworn Affidavit in this Motion Record is straightforward. He identifies himself as an officer of both plaintiffs (CAPITAL MARKETS TECHNOLOGIES INC. and 7645686 CANADA INC.] and states that the purpose of his affidavit is to support the “ask” that CMT is making to the Court in the motion seeking:

“…to preserve and produce records relevant to this litigation and, in particular, an email chain between Chris LeClair and Wes Sheridan dated November 26, 2011.”

Marie Kemp, Supervisor of Risk Management and Insurance, a division under the Treasury Board Secretariat in the Department of Finance.

Maines’ Affidavit then focuses on someone I have not yet introduced, but is a key person in this entire matter who I’m sure you’ll be hearing a lot more about soon: Marie Kemp. 

Ms. Kemp is PEI’s “last bastion of defence” against fraud, and it is Ms. Kemp who “signs off” on sworn documents on behalf of the PEI Government assuring the parties involved, including the PEI Supreme Court, that a full disclosure of documents has taken place.

Here is a short “Q & A” on the Risk Management Division of government, found on the PEI Government website:

There have been three such “Affidavit of Documents” sworn and signed by Marie Kemp – all witnessed by counsel for the PEI Government, Jonathan Coady, Q.C.

In each case, Ms. Kemp swore what now is clearly known to be a false claim regarding the disclosure of information about documents that are materially-relevant to the case, both those that are to be produced for inspection, and those that should have been produced, but are no longer in the possession of the PEI government, something that must be noted and explained in a Schedule of the Affidavit of Documents.   

Numerous instances of materially-relevant documents that should have been disclosed, were not disclosed, nor identified as relevant and no longer in the possession of the government.

That did not happen with the first Affidavit sworn by Marie Kemp and witnessed by Jonathan Coady;  that did not happen with the second Affidavit sworn by Marie Kemp and witnessed by Jonathan Coady; and that did not happen with the third Affidavit sworn by Marie Kemp and witnessed by Jonathan Coady.