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35571

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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2014-01-31 Close file on Leave
2014-01-29 Reconsideration not accepted for filing, documents returned
2014-01-24 Correspondence received from, (Letter Form), Applicant Francis Mazhero
2014-01-23 Correspondence received from, (Letter Form), Applicant Francis Mazhero
2014-01-20 Letter acknowledging receipt of a complete motion for reconsideration
2014-01-17 Correspondence received from, (Letter Form), Applicant Francis Mazhero
2014-01-17 Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2014-01-17 Francis Mazhero
2013-12-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-12-20 Judgment on leave sent to the parties
2013-12-19 Judgment of the Court on the application for leave to appeal, The motions seeking an order for expedited treatment of the application for leave to appeal and seeking an order granting the application for leave to appeal are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-023510-134, 2013 QCCA 1225, dated July 15, 2013, is dismissed without costs.
Dismissed, without costs
2013-12-19 Decision on the miscellaneous motion, See judgment
Dismissed
2013-12-09 Correspondence (sent by the Court) to, applicant, advising that a Rule 32(2) motion is required in order to submit new documents to the Court.
2013-12-05 Correspondence received from, Mr. Mazhero re: response to request to file a motion under rule 32(2) to send to the Court a correspondence of 2013/10/21 Francis Mazhero
2013-12-03 Correspondence (sent by the Court) to, by e-mail re: requesting Mr. Mazhero to a motion under 32(2)
2013-11-21 Correspondence received from, Mr. Mazhero dated 2013/11/20 re: attached letter sent to Justice Nicole Duval (motion 32(2) requested) Francis Mazhero
2013-11-18 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-11-18 Submission of miscellaneous motion, LeB Ka Wa
2013-11-18 Supplemental document, (Book Form), Copy of motion before the Québec Court of Appeal dated 11-11-2013. Francis Mazhero
2013-11-15 Correspondence received from, (Letter Form), Mr. Mazhero, forwarding a copy of a letter addresses Justice De Wever of the Quebec Superior Court Francis Mazhero
2013-11-14 Correspondence received from, Mr. Mazhero, received by fax, further to letter dated 17-10-2013. Francis Mazhero
2013-11-14 Correspondence received from, (Book Form), Mr. Mazhero received by fax dated 13-10-2013. Francis Mazhero
2013-11-04 Correspondence received from, (Book Form), Mr. Mazhero, dated 22-10-2013. Francis Mazhero
2013-11-04 Notice of miscellaneous motion, (Book Form), to grant the application for leave to appeal, Completed on: 2013-11-04 Francis Mazhero
2013-10-24 Notice of miscellaneous motion, (Letter Form), (see file), Completed on: 2013-10-24 Francis Mazhero
2013-10-18 Correspondence received from, Mr. Mazhero rec'd by fax re: objecting to the filing of the decision of the Superior Court of Quebec dated 2013-10-02 et 2013-10-11 Francis Mazhero
2013-10-16 Correspondence received from, (Letter Form), Barry Landy rec'd by fax re: corrected judgment of 2013-10-11 CBC Radio-Canada and Microsoft Corporation
2013-10-04 Letter acknowledging receipt of a complete application for leave to appeal, (File open)
2013-10-03 Respondent's response on the application for leave to appeal, (Letter Form), Barry Landy rec'd by fax re: will not be participating and decisiopn of the Superior Court of Québec dated 2013-10-02 attached, Completed on: 2013-10-03 CBC Radio-Canada and Microsoft Corporation
2013-10-03 Respondent's response on the application for leave to appeal, (Letter Form), Stéphane Richer rec'd by fax re: will not be participating, Completed on: 2013-10-03 Bell Canada
2013-09-30 Correspondence (sent by the Court) to, Acknowledgement of receipt
2013-09-27 Application for leave to appeal, (Book Form), Completed on: 2013-10-04 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

Main parties - Appellants
Name Role Status
Mazhero, Francis Applicant Active

v.

Main parties - Respondents
Name Role Status
Bell Canada Respondent Active
CBC Radio-Canada and 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
Name
Stéphane Richer
Contact information
Borden Ladner Gervais LLP
1000, rue de la Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3199
FAX: (514) 954-1905
Email: sricher@blg.com
Agent
Name
Nadia Effendi
Contact information
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: CBC Radio-Canada and Microsoft Corporation

Counsel
Name
Barry Landy
Contact information
Spiegel Sohmer
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 — Court of Appeal dismissing applicant’s appeal as having no reasonable chance of success — Whether the Court of Appeal erred in granting motions to dismiss applicant’s appeal — Whether applicant raises a legal issue — Whether applicant raises an issue of public importance.

This application for leave to appeal stems from the applicant’s unsuccessful attempt at instituting proceedings against the respondents.

In 2012, Mr. Mazhero filed a motion to institute proceedings against CBC Radio-Canada, Microsoft Corporation, Bell Canada and New Zimbabwe Media Ltd.. He alleged that the respondents had defamed him when they published or republished on the Internet an article entitled “Federal Court bans man for frivolous lawsuits”. The applicant sought $12, 000,000 in damages.

Lower court rulings

February 22, 2013
Superior Court of Quebec

500-17-071464-120

see file

July 15, 2013
Court of Appeal of Quebec (Montréal)

2013 QCCA 1225, 500-09-023510-134

see file

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

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

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

Webcasts

Not available.

Date modified: 2025-02-27