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35847

Francis Mazhero v. CBC/Radio-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)
2014-08-05 Close file on Leave
2014-08-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-08-01 Judgment on leave sent to the parties
2014-07-31 Judgment of the Court on the application for leave to appeal, The applicant’s miscellaneous motion is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-09-022792-121, 500-09-023106-123, 500-09-023182-124, 500-09-023385-131, 500-09-023510-134, 500-09-023916-133, 500-09-023935-133, 500-09-023936-131 and 500-09-024007-130, 2014 QCCA 107, dated January 22, 2014, is dismissed without costs.
Dismissed, without costs
2014-07-31 Decision on the miscellaneous motion, See Judgment on leave application
Dismissed
2014-07-24 Order on miscellaneous motion, (by THE REGISTRAR)
2014-07-24 Decision on the miscellaneous motion, Reg, UPON APPLICATION made by the applicant pursuant to the provisions of Rule 32(2) for an Order to file additional material, namely, the Applicant’s Reply and letter dated June 17, 2014 addressed to the Chief Justice;
AND UPON APPLICATION made by the applicant to submit all the documents filed by the applicant, including all materials in support of the motions in this matter and the Application for leave to appeal to a judge of the Supreme Court of Canada other than Justice Louis LeBel, Justice Andromache Karakatsanis, Justice Richard Wagner, or Justice Clément Gascon, for consideration;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2014-07-24 Submission of miscellaneous motion, Reg
2014-07-07 Notice of miscellaneous motion, (Book Form), Rule 32(2), Completed on: 2014-07-07 Francis Mazhero
2014-06-23 Correspondence (sent by the Court) to, Applicant re: receipt 12264
2014-06-19 Correspondence (sent by the Court) to, Applicant, re.: Motion 32(2)
2014-06-18 Correspondence received from, Applicant re: various complaints Francis Mazhero
2014-06-18 Reply to miscellaneous motion, Motion 32(2) missing - motion received July 7, 2014. Refused for filing (see order July 31, 2014)., Completed on: 2014-06-18 Francis Mazhero
2014-06-16 All materials on application for leave submitted to the Judges, (revised from Le, Ka, Ga), LeB Abe Ka
2014-06-16 Submission of miscellaneous motion, (revised from Le, Ka, Ga), LeB Abe Ka
2014-06-04 Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-06-04 Francis Mazhero
2014-06-04 Correspondence received from, Applicant re: intention to file reply Francis Mazhero
2014-06-02 Notice of miscellaneous motion, (Book Form), To grant application for leave to appeal, Completed on: 2014-06-02 Francis Mazhero
2014-06-02 Correspondence received from, Applicant re: SCC letter of May 21, 2014 Francis Mazhero
2014-05-21 Correspondence (sent by the Court) to, Applicant re: response to letters
2014-05-02 Correspondence received from, Applicant re: complaint Francis Mazhero
2014-04-28 Correspondence received from, Applicant re: Delay Francis Mazhero
2014-04-24 Letter acknowledging receipt of a complete application for leave to appeal
2014-03-26 Correspondence (sent by the Court) to, Applicant re: Receipt of application
2014-03-21 Certificate (if inappropriate for a judge to take part in adjudication), (Included in the application for leave to appeal) Francis Mazhero
2014-03-21 Certificate (on limitations to public access), (Included in the application for leave to appeal) Francis Mazhero
2014-03-21 Application for leave to appeal, (Book Form), Completed on: 2014-03-21 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
CBC/Radio-Canada Respondent Active
Microsoft Corporation Respondent Active
Bell Canada Respondent Active
New Zimbabwe Media Ltd. Respondent Active

Counsel

Party: Mazhero, Francis

This party is not represented by counsel.

Party: CBC/Radio-Canada

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: 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: 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

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 – Leave to appeal – Vexatious litigants – Whether the judgments below are tainted by fraud committed by counsel for the respondents, aided by various members of the Quebec Superior Court and the Quebec Court of Appeal.

The applicant, Mr. Mazhero brought several motions before the Superior Court. He moved to have a bill of costs struck, he sought an order for production of various documents, and he asked the Court to order that the respondents pay him moral and punitive damages. The Superior Court dismissed his motions and declared Mr. Mazhero to be a quarrelsome litigant within the meaning of art. 54.5 of the Code of Civil Procedure, C.Q.L.R. c. C-25, and art. 84 of the Rules of practice of the Superior Court of Québec in civil matters, C.Q.L.R. c. C-25, r. 11. The Court of Appeal dismissed Mr. Mazhero’s applications for leave to appeal and declared him to be a vexatious litigant.



Lower court rulings

October 11, 2013
Superior Court of Quebec

500-17-071464-120

Corrected judgment issued; applicant prohibited from commencing any new legal proceeding of any kind or nature whatsoever in any court of first instance in the province of Quebec

January 22, 2014
Court of Appeal of Quebec (Montréal)

2014 QCCA 107, 500-09-022792-121, 500-09-023106-123, 500-09-023182-124, 500-09-023385-131, 500-09-023510-134, 500-09-023916-133, 500-09-023935-133, 500-09-023936-131, 500-09-024007-130

Applicant’s applications for leave to appeal dismissed; applicant declared vexatious litigant

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