2012 QCCA 1317, 2012 QCCA 1317
Opinion
Mazhero c. CBC Radio Canada 2012 QCCA 1317 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022792-121 (500-17-071464-120) MINUTES OF THE HEARING DATE: July 18 2012 THE HONOURABLE FRANÇOIS DOYON , J.A. PETITIONER ATTORNEY FRANCIS MAZHERO Personally RESPONDENT ATTORNEY CBC RADIO CANADA Me Paul Déry-Goldberg SPIEGEL SOHMER INC. Me Stéphane Richer BORDEN LADNER GERVAIS MICROSOFT CORPORATION BELL CANADA NEW ZIMBABWE MEDIA LTD
Motion for leave to appeal form an interlocutory judgment rendered on May 25, 2011 by the Honourable Michel Déziel of the Superior Court, district of Montreal. Request for leave to file a motion to strike the appearance filed by defendant Bell Canada on or about July 4 2012. Clerk: Marcelle Desmarais Court Room: RC-18 HEARING 14 h 36 Beginning of the hearing. Identification of the attorneys. 14 h 36 Submission by Mr. Francis Mazhero. 15 h 14 Submisison by Mtre Stéphane Richer. 15 h 17 Submission by Mtre Paul Déry-Goldberg. 15 h 18 Reply by Mr.
Francis Mazhero. 15 h 20 Suspension of the hearing. 15 h 28 Resumption de l’audience. BY THE JUDGE : For judgment – see following pages. End of the hearing. Marcelle Desmarais Clerk JUDGMENT
[ 1 ] In my opinion, the judgment the petitioner wants to be allowed to appeal from is not a judgment which, according to article 29 (2) C.c.p., order the doing of anything that cannot be remedied by the final judgment. [ 2 ] As a matter of fact, Mr.
Justice Déziel said: "You, [Mr Mazhero], must understand that I cannot order that today - so maybe for another judge", so that the issues raised by Mr Mazhero might be addressed at another time. [ 3 ] For this reason, the motion for leave is denied, without costs. [ 4 ] As for the request to the Court to strike the appearance filed by Bell Canada, I don't see any reason to grant it. Bell Canada is a respondent and, in this capacity, has to file a written appearance, document that has been sent to M. Mazhero by e-mail. For this reason, the motion is denied, without costs.
FOR THESE REASONS, I : [ 5 ] DENY the motion for leave; [ 6 ] DENY the motion to strike the appearance filed by Bell Canada; [ 7 ] Without costs. FRANÇOIS DOYON, J.A.
Loading document…