2012 QCCA 1642, 2012 QCCA 1642

Liu c. McGill University 2012 QCCA 1642 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022352-124 500-09-022493-126 (500-17-066381-115) DATE: September 14, 2012 CORAM: THE HONOURABLE BENOÎT MORIN, J.A. JULIE DUTIL, J.A. MARIE-FRANCE BICH, J.A. JISHENG LIU APPELLANT - Plaintiff v. McGILL UNIVERSITY RESPONDENT - Defendant JUDGMENT [ 1 ] McGill University presents two motions "requesting a stay of proceedings and to declare the appellant a querulous litigant". [ 2 ] The appellant, Mr.

Liu, was served with the motions on August 8, 2012, but he was not present at the hearing. [ 3 ] On August 7, 2012, the Court dismissed the following motions presented by Mr. Liu in file 500-09-022352-124: - Motion for recusation of Mr. Justice Clément Gascon and Mr. Justice Jacques Léger; - Motion in revocation of a judgment of the Court dated March 13, 2012; - Motion to suspend proceedings of May 7, 2012. [ 4 ] On the same day, in file 500-09-022493-126, the Court also dismissed the motion presented by Mr. Liu for recusation of Mr.

Justice Clément Gascon, and his appeal from a judgment rendered on February 13, 2012, by Madame Justice Carole Therrien of the Superior Court. [ 5 ] Since there is no longer any pending proceeding in these files, the third conclusion of McGill's motion ("Order a stay of proceedings in all currently pending proceedings before the Court of Appeal in files no. 500-09-022352-124 and in file no 500-09- 022493-126") is now moot. [ 6 ] McGill however alleges that Mr. Liu has been conducting proceedings in a vexatious fashion and has been exercising litigious rights in an excessive and unreasonable manner. Mr.

Liu should therefore be prohibited from filing any other proceeding in a file involving McGill without prior authorization of the Chief Justice or a judge the Chief Justice designates for this purpose, the whole in accordance with

article 54.5 C.C.P . and sections 94 and 95 of the Rules of the Court of Appeal of Quebec in civil matters . [ 7 ] McGill has abundantly demonstrated that its motion is well founded and Mr. Liu is indeed a quarrelsome litigant. [ 8 ] On March 13 th 2012, in file no. 500-09-022352-124, the Court, dismissed the appeal of Mr. Liu from a judgment of Mr. Justice Gérard Dugré rendered on October 21, 2011 (500-17-066381-115). Since then, Mr. Liu has repeatedly introduced various proceedings, as described in McGill's motion: (

a) A "Motion in Revocation of Judgment of the 13 th of March 2012" dated March 27 th , 2012, that was scheduled to be heard on August 7 th 2012, and that is clearly ill-founded à sa face même ; (

b) A "Motion to Suspend Proceedings of May 7 th , 2012 before the Court of Appeal" dated April 30 th , 2012, that is connected to a separate file more fully discussed below (no. 500-09-022612-121) that was scheduled to be heard on August 7 th , 2012, and that is clearly ill-founded à sa face même ;

(

c) A "Motion for Recusation of Honourable Judges Léger and Gascon of the Court of Appeal" dated August 6 th , 2012 that is scheduled to be heard on August 7 th , 2012, and that is clearly ill-founded à sa face même ; (

d) On August 2 nd , 2012, new notices of presentation of Motions (

a) and (

b) above were served making the Motions presentable on October 1 st , 2012; [ 9 ] File no. 500-09-022493-126 dealt with a motion presented by Mr. Liu titled "Motion in revocation of Judgement of the Honourable Gérard Dugré" (500-17-066381-115). Madame Justice Carole Therrien dismissed the motion on February 13 th , 2012. [ 10 ] Mr. Justice Dalphond, on January 31, 2012, dismissed Mr. Liu's motion for leave to appeal this judgment before it had actually been rendered. Mr.

Liu then filed an inscription in appeal from the same judgment, but McGill presented a "Motion to dismiss the appeal" that was granted on August 7, 2012 (see above, para. [4]). McGill, in its motions, describes the proceedings filed by Mr. Liu after his inscription in appeal. (

a) A "Motion to Suspend Proceedings of August 7, 2012 of Defendant McGill's Motion to Dismiss the Appeal Before Court of Appeal" dated July 26, 2012 that was heard and decided by Justice Dufresne of this Court on August 1, 2012. It is noticeable from the decision rendered that, on this occasion, Mr. Liu also requested orally that Justice Dufresne recuse himself; (

b) A "Motion for Recusation of Honourable Judges Léger and Gascon of the Court of Appeal" dated August 6 th , 2012 that is scheduled to be heard on August 7 th , 2012, and that is clearly ill-founded à sa face même ; (

c) A "Motion in Revocation of Judgment of the 1 st of August 2012 of Justice Dufresne" dated August 6 th , 2012, presentable on September 10 th , 2012 and that is clearly ill-founded à sa face même ; [ 11 ] In a matter involving McGill and his former union, Mr. Liu filed a complaint under

section 47.2 of the Labour Code , alleging that his union had not properly acted in his defence. In its motions, McGill summarizes the proceedings in that file as follows: (

a) The Commission des relations du travail rendered a decision dismissing Mr. Liu's complaint; (

b) Mr. Liu filed a Motion for internal review pursuant to the rules applicable to the Commission des relations de travail and this Motion was dismissed; (

c) Mr. Liu then filed an "Applicaton for Judicial review" and a "Motion for Leave to Appeal for Judicial Review" before the Superior Court (no. 500-17-064032-116); (

d) Upon the beginning of the hearing on the merits, Mr. Liu requested the recusation of the presiding judge, Justice Dugré, on the basis that Justice Dugré has previously rendered a decision against him and that this decision was currently under review by the Court of Appeal; (

e) Justice Dugré refused to recuse himself and Mr. Liu seized the Court of Appeal by way of a "Motion for Leave to Appeal Interlocutory Judgment of Honourable Judge Gérard Dugré of March 30 th , 2012"; (

f) Justice Gascon of this Court dismissed Mr. Liu's Motion for Leave to Appeal referenced in (

e) above on June 22 nd , 2012; (

g) Mr. Liu then filed a "Motion in Revocation of Judgment of the 22 nd of June 2012 of Justice Gascon", scheduled to be heard by this Court on September 10 th , 2012 and that is clearly ill-founded à sa face même ; [ 12 ] McGill has established that Mr. Liu is a quarrelsome litigant. His judicial pursuits are abusive and clearly ill-founded. He multiplies legal proceedings against McGill, repeatedly raising the same questions, advancing arguments that are unarguable and seeking recusation of judges when he is not satisfied with their prior judgments in cases in which he is involved.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the motions in part, with costs; [ 14 ] DECLARES Jisheng Liu a quarrelsome litigant; [ 15 ] ORDERS Jisheng Liu not to file in the Court of Appeal, directly or indirectly, any judicial proceedings of any nature involving McGill University without having first obtained prior judicial authorization from the Chief Justice of the Quebec Court of Appeal or from a judge the Chief Justice designates for such purpose. [ 16 ] ORDERS the Clerk of this Court not to accept the filing of any proceeding from Mr.

Liu involving McGill until the filing of such proceeding has been authorized in writing by the Chief Justice of the Court of Appeal or a judge she has designated; BENOÎT MORIN, J.A. JULIE DUTIL, J.A.

MARIE-FRANCE BICH, J.A. Mr. Jisheng Liu Personally (absent at the hearing) Me Nathalie Gagnon McCARTHY TÉTRAULT For Respondent Date of hearing: September 10 th , 2012