2019 QCCA 1095, 2019 QCCA 1095

Fiederer c. Litvack 2019 QCCA 1095 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-027826-189 (500-17-094166-165) MINUTES OF THE HEARING DATE: June 21, 2019 CORAM: THE HONOURABLE jacques chamberlaND , J.A. louis rochette , J.A. claudine roy , J.A.

APPLICANT BERNARD FIEDERER UNREPRESENTED RESPONDENTS COUNSEL IRWIN LITVACK FONDS D’ASSURANCE RESPONSABILITÉ PROFESSIONNELLE DES NOTAIRES DU QUÉBEC Mtre MÉLISSA RIVEST ( Lapointe Rosenstein Marchand Melançon ) DESCRIPTION : Application for revocation of judgment (Articles 345, 346, 347, 348, 349, 350 and 568 C.C.P .) Application to declare that the application for revocation of judgment is abusive and to declare the applicant Bernard Fiederer a quarrelsome litigant (Articles 51 and 55 C.C.P .)

Clerk: Mai Nguyen Courtroom: Pierre-Basile-Mignault HEARING 9:30 a.m. Continuation of the hearing of June 17, 2019. BY THE COURT: JUDGMENT – SEE PAGE 3.

Mai Nguyen Clerk BY THE COURT JUDGMENT Application for revocation of judgment [ 1 ] The applicant is seeking the revocation of the judgment rendered by this Court on April 12, 2019 that dismissed his application seeking the revocation of the judgment rendered by this Court on November 26, 2018 that, in turn, dismissed his appeal from a judgment rendered by the Superior Court on August 21, 2018 on the basis that such appeal had no reasonable chance of success. [ 2 ] The reason alleged to support the application is identical to that raised before the Court on April 8, 2019 (date of hearing), that is, that the judges sitting on November 26, 2018 had not read the documents “sent to them”. [ 3 ] The application does not raise any valid arguments justifying the revocation of the judgment rendered by this Court on April 12, 2019.

FOR THESE REASONS, THE COURT: [ 4 ] DISMISSES the Application for revocation of the judgment rendered by this Court on April 12, 2019, with legal costs.

Application to declare that the application for revocation of judgment is abusive and to declare the applicant Bernard Fiederer a quarrelsome litigant [ 5 ] The respondents, Irvin Litvack and Fonds d’assurance responsabilité professionnelle de la Chambre des notaires du Québec, are asking the Court to declare that the applicant, Bernard Fiederer, is quarrelsome under articles 51 and 55 of the Code of Civil Procedure . [ 6 ] The Court is of the view that this application is well-founded and that, unfortunately, measures must be taken to put an end to this situation. [ 7 ] On August 21, 2018, Baudouin, J. dismissed the applicant’s originating application against respondent Litvack, a notary and member of the Chambre des notaires du Québec. [ 8 ] On November 26, 2018, this Court summarily dismissed applicant Fiederer’s appeal from Baudouin, J.’s judgment on the ground that it had no reasonable chance of success and was therefore abusive: [2] La Cour est d’avis que l’appel ne présente aucune chance raisonnable de succès et a un caractère abusif (art. 365 C.p.c. ).

Les motifs d’appel sont difficilement compréhensibles et le jugement, tant sur la question de la prescription que sur le fond, est bien motivé et convaincant. [1]

[ 9 ] Mr. Fiederer applied to this Court for a revocation of the judgment rendered on November 26, 2018. [ 10 ] On April 12, 2019, this Court dismissed the application, with legal costs to be paid by the applicant. [ 11 ] On May 3, 2019, Mr. Fiederer once again applied to this Court for the revocation of the judgment rendered on April 12, 2019.

The reason alleged to support this second application was identical to that argued before the Court on April 8, 2018, that is, that the judges sitting on November 26, 2018 had not read the documents “sent to them”. [ 12 ] This second application for revocation is clearly abusive, as was the first one that this Court dismissed on November 26, 2018. Mr.

Fiederer did not raise any argument before the Court which could tend to show that his applications to this Court, from the date of the judgment of the Superior Court on November 26, 2018 to date, are not excessive or unreasonable. [ 13 ] On the basis of these repetitive proceedings and the circumstances described in the respondents’ application, the Court has no hesitation in concluding that Mr. Fiederer’s behaviour is that of a quarrelsome or vexatious litigant and that measures ought to be taken immediately to put an end to this situation. FOR THESE REASONS, THE COURT: [ 14 ] DECLARES that Mr.

Bernard Fiederer’s application for revocation of the judgment rendered by this Court on April 12, 2019 is abusive and resulted from his quarrelsomeness; [ 15 ] DECLARES that Mr. Bernard Fiederer is a quarrelsome or vexatious litigant under

article 55 C.C.P. and

section 13 of the Civil Practice Regulation ( Court of Appeal ) with respect to Mr. Irwin Litvack and the Fonds d’assurance responsabilité professionnelle des notaires; [ 16 ] PROHIBITS Mr.

Bernard Fiederer from filing any judicial application or any pleading of any nature whatsoever in any ongoing or new proceeding before this Court involving notary Irwin Litvak or the Fonds d’assurance responsabilité professionnelle des notaires, except with the prior authorization of, and subject to the conditions determined by, the Chief Justice of this Court or a judge the Chief Justice designates for this purpose, which authorization shall be obtained by way of an application that complies with all the requirements of the Code of Civil Procedure and the Civil Practice Regulation ( Court of Appeal ); [ 17 ] ORDERS the Court Registry to refuse the filing of any application or pleading from or in the name of Mr.

Bernard Fiederer that has not been previously authorized in accordance with the terms of this judgment, and to return same to him forthwith; [ 18 ] With the legal costs against the applicant, Mr. Bernard Fiederer. jacques chamberlaND, J.A. louis rochette, J.A. claudine roy, J.A.