Case information
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35262
Francis Mazhero v. Bell Canada, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-10-10 | Close file on Leave | |
| 2013-10-10 | Reconsideration not accepted for filing, (documents returned) | |
| 2013-09-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-09-20 | Judgment on leave sent to the parties | |
| 2013-09-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-09-023182-124 and 500-09-023385-131, 2013 QCCA 538, dated March 21, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-08-12 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-07-12 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2013-07-05 | Supplemental document, (Book Form), containing letters | Francis Mazhero |
| 2013-07-05 | Supplemental document, (Book Form), transcripts of the hearing in the Superior Court of Quebec on Feb. 6/13 | Francis Mazhero |
| 2013-07-05 | Supplemental document, (Book Form), transcripts of the hearing in the Superior Court of Quebec on Feb. 4/13 | Francis Mazhero |
| 2013-07-05 | Motion for reconsideration of the application for leave to appeal, (Book Form), re judgment rendered on June 6/13, Completed on: 2013-07-05 | Francis Mazhero |
| 2013-07-05 | Correspondence (sent by the Court) to, Mr. Mazhero re: response to correspondence of June 24/13, no comment to parties | |
| 2013-06-28 | Respondent's response on the application for leave to appeal, (Letter Form), 2nd APPLICATION - From Stéphane Richer will not be participating, Completed on: 2013-06-28 | Bell Canada |
| 2013-06-26 | Respondent's response on the application for leave to appeal, (Letter Form), 2nd APPLICATION - From Barry Landry dated June 26/13 re: will not file a response, Completed on: 2013-06-26 | Canadian Broadcasting Corporation, Microsoft Corporation |
| 2013-06-24 | Correspondence received from, Mr. Mazhero 2 vol. dated June 13 and June 17, 2013 re: request for investigation | Francis Mazhero |
| 2013-06-10 | Letter acknowledging receipt of a complete application for leave to appeal, (2nd APPLICATION OPEN) | |
| 2013-06-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-06-07 | Judgment on leave sent to the parties | |
| 2013-06-06 |
Judgment of the Court on the application for leave to appeal, 1st APPLICATION, LeB Ka Wa, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-023182-124, 2012 QCCA 2310, dated December 21, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2013-05-13 | All materials on application for leave submitted to the Judges, 1st APPLICATION, LeB Ka Wa | |
| 2013-04-26 | Correspondence (sent by the Court) to, the parties re: acknowledgment (2nd APPLICATION) | |
| 2013-04-22 | Correspondence received from, Mr. Mazhero re: filing of 2nd application | Francis Mazhero |
| 2013-04-22 | Application for leave to appeal, (Book Form), (2nd APPLICATION), Completed on: 2013-04-22 | Francis Mazhero |
| 2013-04-12 | Respondent's response on the application for leave to appeal, (Letter Form), 1st application - Will not be filing a formal response, Completed on: 2013-04-12 | Bell Canada |
| 2013-04-03 | Respondent's response on the application for leave to appeal, (Letter Form), 1st application - Will not be filing any submission, Completed on: 2013-04-03 | Canadian Broadcasting Corporation, Microsoft Corporation |
| 2013-03-18 | Letter acknowledging receipt of a complete application for leave to appeal, (file open) | |
| 2013-03-13 | Correspondence received from, Mr. Landy by fax re: decision of the Court of Appeal of Feb. 22/2013 (cc. to Mr. Mazhero) | Canadian Broadcasting Corporation, Microsoft Corporation |
| 2013-03-13 | Correspondence received from, Mr. Mazhero dated Mar. 11/13 re: request the Court to assign a file number or dispose of the matter | Francis Mazhero |
| 2013-02-18 | Correspondence (sent by the Court) to, Acknowledgement | |
| 2013-02-12 | Correspondence received from, Mr. Mazhero re: filing of application for leave to appeal, including letter from the Appeal Court | Francis Mazhero |
| 2013-02-12 | Application for leave to appeal, (Book Form), 1st application, Completed on: 2013-02-12 | Francis Mazhero |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Mazhero, Francis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bell Canada | Respondent | Active |
| Canadian Broadcasting Corporation, Microsoft Corporation | Respondent | Active |
| New Zimbabwe Media Ltd. | Respondent | Active |
Counsel
Party: Mazhero, Francis
This party is not represented by counsel.
Party: Bell Canada
Counsel
1000, rue de la Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3199
FAX: (514) 954-1905
Email: sricher@blg.com
Party: Canadian Broadcasting Corporation, Microsoft Corporation
Counsel
1255, rue Peel
Bureau 1000
Montréal, Quebec
H3B 2T9
Telephone: (514) 875-7880
FAX: (514) 875-8237
Email: blandy@spiegelsohmer.com
Party: New Zimbabwe Media Ltd.
This party is not represented by counsel.
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Civil procedure – Case Management – Leave to appeal – Did the Court of Appeal err on the issue of default judgment?
The applicant brought an action in defamation against the respondents, Bell Canada, CBC Radio-Canada, Microsoft Corporation and New Zimbabwe Media Ltd. He filed an inscription for a judgment by default against New Zimbabwe, Microsoft Corporation, and against Bell Canada for failure to appear.
Lower court rulings
Superior Court of Quebec
500-17-071464-120
Motions for order of production of documents and Motion for leave to put transcripts, exhibits and a CD before the trial judge granted in part;
Motion for a postponement granted
Court of Appeal of Quebec (Montréal)
500-09-023182-124
Motion seeking leave to appeal dismissed
Court of Appeal of Quebec (Montréal)
2013 QCCA 538, 500-09-023182-124, 500-09-023385-131
Motion to suspend execution pending appeal to the Supreme Court of Canada, dismissed without costs; and motion for leave to appeal and for contempt of court, dismissed without costs.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available