2013 QCCA 1289, 2013 QCCA 1289

Mazhero c. CBC Radio-Canada 2013 QCCA 1289 COUR D'APPEL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTREAL No: 500-09-023510-134 (500-17-071464-120) MINUTES OF THE HEARING DATE: July 12, 2013 Me Catherine Dufour, assistant clerk APPELANT FRANCIS MAZHERO In person RESPONDENT ATTORNEY CBC RADIO-CANADA MICROSOFT CORPORATION BELL CANADA NEW ZIMBABWE MEDIA LTD. Me Barry Landy SPIEGEL, SOHMER, INC. Me Stéphane Richer BORDEN LADNER GERVAIS, S.E.N.C.R.L., S.R.L. APPELLANT'S MOTION FOR ALTERNATE MODE OF SERVICE BY COURIER Clerk : —- Court Room: ——

HEARING The parties have made their arguments in writing. —- Clerk JUDGMENT [ 1 ] The appellant has presented a Motion for an Alternative Mode of Service for all documents he has to serve in this file to the other parties solely on the ground that it is more expensive to serve documents through a bailiff than it is through mail. [ 2 ] The undersigned has contacted the respondents to get their opinions on this motion. The respondent Bell Canada indicated that

article 138 C.c.p . does not apply to the type of situation exposed by the appellant while the respondents CBC Radio-Canada and Microsoft Corporation asserted that the appellant must comply with the law if he wants to serve legal proceedings. [ 3 ]

Article 138 of the Code of Civil Procedure stipulates: 138. The judge or clerk may, on motion, if the circumstances so require, authorize a mode of service other than those provided by articles 120, 122, 123 and 130, particularly by public notice or by mail, unless such last mode is already authorized by the said articles. The judge or clerk may also, upon inspecting the certificate of the person who has attempted to make the service, authorize him to serve the proceeding otherwise than in the manner provided in articles 123 and 130.

The authorization must appear on the original of the certificate, which must then be filed in the office of the court. An entry of the authorization must be made on the copies of the written proceeding to be served. However, where the attempt to effect service was made by a bailiff or a sheriff and was recorded in his certificate, the bailiff or sheriff may, without authorization, serve the proceeding by leaving on the premises a copy of the written proceeding intended for the addressee. Any authorization under this

article may be obtained in the district of the place in which the written proceeding is served, if such district is not that in which the proceeding was issued. [ 4 ] The only ground raised by the appellant in his motion does not convince the undersigned that the circumstances require authorizing the service of the proceedings by mail. Indeed, the appellant did not demonstrate that it is impossible for him to serve his proceedings in accordance with ordinary modes of service set out in the Code of Civil Procedure . FOR THESE REASONS, THE UNDERSIGNED : [ 5 ] DISMISSES the motion without costs.

Me Catherine Dufour, assistant clerk