Mazhero c. CBC Radio-Canada 2012 QCCA 2055 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023106-123 ( 500-17-071464-120 ) MINUTES OF THE HEARING DATE: November 14, 2012 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER FRANCIS MAZHERO In person RESPONDENTS ATTORNEYS CBC RADIO CANADA MICROSOFT CORPORATION BELL CANADA NEW ZIMBABWE MEDIA LTD. Mtre Barry Landy SPIEGEL SOHMER Mtre Stéphane Richer BORDEN LADNER GERVAIS ATTORNEY

MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON NOVEMBER 8, 2012 BY THE HONOURABLE JEAN-FRANÇOIS DE GRANDPRÉ OF THE SUPERIOR COURT, DISTRICT OF MONTREAL Clerk: Robert Osadchuck Courtroom: RC.18 HEARING 11 h 25 Commencement of the hearing. Identification of counsel. 11 h 25 Representations by Mtre Landy. 11 h 26 Representations by Mr. Mazhero. 11 h 29 Recess. 11 h 55 Resumption of the hearing. 11 h 56 Respondents inform the Court that they desist from the judgment of first instance and its conclusions. 11 h 56 Representations by Mr.

Mazhero. 12 h 00 Representations by Mtre Landy. 12 h 02 Judgment – see next page Robert Osadchuck Clerk JUDGMENT [ 1 ] Francis Mazhero asks for leave to appeal from an interlocutory judgment of the Superior Court, District of Montreal (the Honourable Jean-François de Grandpré), rendered orally on November 8, 2012 and transcribed in writing on November 14, 2012.

[ 2 ] The judge dismissed Mr. Mazhero's motions to produce certain documents on the grounds that the documents were irrelevant to the merits of the case. [ 3 ] The respondents inform me that they desist from the judgment and its conclusions in order to allow the case to proceed on the merits before Cohen, J. of the Superior Court. [ 4 ] In the circumstances, the motion for leave is without further object. FOR THE FOREGOING REASONS , the undersigned: [ 5 ] ACKNOWLEDGES the respondents' undertaking to desist from the interlocutory judgment and its conclusions; [ 6 ] DISMISSES the motion for leave, it being without object; [ 7 ] Without costs. NICHOLAS KASIRER,J.A.