2013 QCCA 1242, 2013 QCCA 1242

Mazhero c. Bell Canada 2013 QCCA 1242 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023510-134 ( 500-17-071464-120 ) MINUTES OF THE HEARING DATE: July 8, 2013 CORAM: THE HONOURABLE NICHOLAS KASIRER, J.A. MARIE ST-PIERRE J.A. CLÉMENT GASCON J.A. APPELLANT FRANCIS MAZHERO In person RESPONDENTS ATTORNEYS BELL CANADA CBC RADIO-CANADA AND MICROSOFT CORPORATION AND NEW ZIMBABWE MEDIA LTD. Mtre Stéphane Richer BORDEN LADNER GERVAIS Mtre Barry Landy SPIEGEL, SOHMER, INC. (absent)

Motion by respondents CBC Radio-Canada and Microsoft Corporation to dismiss the appeal from a judgment rendered on February 22, 2013 by the Honourable Justice Marc de Wever of the Superior Court, District of Montreal. Motion by respondent Bell Canada to dismiss the appeal from a judgment rendered on February 22, 2013 by the Honourable Justice Marc de Wever of the Superior Court, District of Montreal. Motion arising out of Chief Justice Nicole Duval Hesler's letter to appellant in respect of a motion under

article 523 of the Code of Civil Procedure . Appellant's motion for directions on the present appeal with respect to New Zimbabwe Media Ltd. Appellant's motion for directions on the present appeal with respect to the respondents Bell Canada, CBC Radio-Canada and Microsoft Corporation. Appellant's motion for directions on the present appeal with respect to the respondents Bell Canada, CBC Radio-Canada and Microsoft Corporation Motion arising out of Chief Justice Nicole Duval Hesler's decision in Donald Matte's email of June 17, 2013. Clerk: Marcelle Desmarais Courtroom: Pierre-Basile-Mignault HEARING 10 h 51 Preliminary observations by the Court.

10 h 53 On the motion for special leave to appeal under

article 523 of the Code of Civil Procedure , Mtre Barry Landy and Mtre Stéphane Richer do not contest Mr. Mazhero's contention that the inscription in appeal was filed in a timely manner. 10 h 55 Suspension. 11 h 19 Resumption of the hearing. BY THE COURT: Judgment on the motion for special leave under

article 523 of the Code of Civil Procedure (see p.5) The motion is declared to be without further object, without costs. 11 h 22 Submissions by Mr. Francis Mazhero on the motions for directions. 11 h 39 Submission by Mtre Barry Landy on the motions for directions. 11 h 39 Submissions by Mtre Stéphane Richer on the motions for directions. 11 h 41 Rebuttal by Mr. Francis Mazhero on the motions for directions. 11 h 45 Submissions by Mtre Barry Landy on his clients' motion to dismiss the appeal. 11 h 50 Submissions by Mtre Stéphane Richer on his client's motion to dismiss the appeal. 11 h 50 Submission by Mr.

Francis Mazhero on the two motions to dismiss the appeal. 11 h 56 Neither Mtre Barry Landy nor Mtre Stéphane Richer has a rebuttal. 11 h 57 Suspension. 12 h 20 Resumption of the hearing. BY THE COURT: The motions for directions and the motions to dismiss the appeal are taken under advisement. Mr. Mazhero has made his factum available to the Court before the hearing and has referred to it in his argument. The factum will be considered as having been filed in three copies at the registry of the Court. Mr.

Mazhero has met his obligation to file as to those three copies, and will have to file the additional copies with the registry of the Court as to meet the requirements of the Rules of the Court of Appeal . 12 h 22 Representations by Mr. Francis Mazhero with regards to Chief Justice's letter of June 25, 2013, advising him that a hearing would be held on July 8, 2013, to determine if he is a vexatious litigant. Mr. Mazhero moves to postpone the hearing in order to have sufficient time to prepare his arguments.

BY THE COURT: The Court is unanimously of the view that it is in the interests of justice that the postponement be granted. Case management: The hearing is fixed for August 28, 2013, at 2:00 p.m., in a courtroom to be designated by the master of the rolls. Mr. Mazhero will be afforded 20 minutes to make oral representations. Mr Mazhero will be allowed 15 pages to make submissions in writing. At his request, Mr Mazhero is permitted to produce a book of authorities as well as exhibits relevant to the matter.

Such authorities and exhibits must be remitted to the Court in 5 copies by the end of business (4:30 p.m.) on August 9, 2013. Separate copies will be served by the same date by Mr. Mazhero on CBC Radio-Canada and Microsoft Corporation (counsel Mtre Barry Landy), and on Bell Canada (counsel Mtre Stéphane Richer) as well as on New Zimbabwe Ltd. 12 h 30 End of the hearing. Marcelle Desmarais Clerk BY THE COURT JUDGMENT

[ 1 ] On March 19, 2013, Francis Mazhero inscribed in appeal a judgment of the Superior Court, District of Montreal (the Honourable Marc de Wever), rendered February 22, 2013, in which the Court dismissed various motions brought by Mr. Mazhero, including his motion to institute proceedings against CBC Radio-Canada, Microsoft Corporation, Bell Canada and New Zimbabwe Media Ltd. [ 2 ] Mr. Mazhero also filed a motion for special leave to appeal from this judgment pursuant to

article 523 C.C.P. in the event his inscription was considered to be filed outside the time limits provided by law. [ 3 ] In his motion, he submits that his inscription is not late. [ 4 ] The respondents do not contest Mr. Mazhero's contention that his appeal of the February 22, 2013 judgment was brought properly as to time limits. [ 5 ] We are unanimously of the view that Mr. Mazhero inscribed the February 22, 2013 judgment in appeal within the 30 day time- limit provided by law. Accordingly, it is not necessary for him to obtain special leave pursuant to

article 523 C.C.P. [ 6 ] The motion not having been contested, there will be no order as to costs. [ 7 ] FOR THESE REASONS , the Court: [ 8 ] DECLARES the appeal brought by Francis Mazhero of the judgment of February 22, 2013, by inscription in appeal filed on March 19, 2013, to have been made within the 30-day time limit provided by law; [ 9 ] DECLARES that, as a result, the motion for special leave is without further object; [ 10 ] Without costs. NICHOLAS KASIRER, J.A. MARIE ST-PIERRE J.A. CLÉMENT GASCON J.A.