Mazhero v. Fox

Mazhero v. Fox

The respondent's extensive history of repetitive, unmeritorious litigation across multiple courts, numerous dismissed proceedings, repeated unsubstantiated allegations against judges and court staff, prolific and obstructive filing practice, and delays satisfy the indicia of vexatious behaviour under s.40(1) of the Federal Courts Act; therefore an order barring further proceedings except by leave and awarding costs was warranted.

Citation
2011 FC 392
Parties
Plaintiff/respondent: Francis Mazhero; Defendant/applicant: Andrew Fox; Defendant/applicant: Jacques Benoit Roberge; Defendant/applicant: Neil Sharkey
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 March 2011
Procedural Posture
Civil Action; Motion Under S.40 Federal Courts Act (vexatious Proceedings) / Motion Heard and Decided (order Issued)
Outcome
Motion granted; order issued barring further proceedings except by leave and costs awarded to applicants
Legal Topics
Vexatious Litigant, Abuse of Process, Leave to Proceed, Costs
Source Language
English
Civil Procedure Administrative Law Judicial Conduct Vexatious Litigant Abuse of Process Leave to Proceed Costs

Case Brief

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Parties

Francis Mazhero

Plaintiff/respondent

Andrew Fox

Defendant/applicant

Jacques Benoit Roberge

Defendant/applicant

Neil Sharkey

Defendant/applicant

Procedural Posture

Civil Action; Motion Under S.40 Federal Courts Act (vexatious Proceedings) / Motion Heard and Decided (order Issued)

Legal Issues

  1. 1 Whether procedural objections by respondent defeat the motion
  2. 2 Whether an order under subsection 40(1) of the Federal Courts Act should be granted barring further proceedings except by leave
  3. 3 Whether respondent's litigation history establishes vexatious conduct

Ratio Decidendi

The respondent's extensive history of repetitive, unmeritorious litigation across multiple courts, numerous dismissed proceedings, repeated unsubstantiated allegations against judges and court staff, prolific and obstructive filing practice, and delays satisfy the indicia of vexatious behaviour under s.40(1) of the Federal Courts Act; therefore an order barring further proceedings except by leave and awarding costs was warranted.

Court Disposition

Motion granted; order issued barring further proceedings except by leave and costs awarded to applicants

Orders

  • The respondent, Francis Mazhero, is barred from bringing any further proceedings in this Court except with leave of the Court.
  • The underlying action against the applicants Andrew Fox, Jacques Benoit Roberge and Neil Sharkey shall not be continued except by leave of the Court.