Bardis c. Monir 2010 QCCA 2163 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-020435-103 (500-17-030241-064, 500-05-047782-998) MINUTES OF THE HEARING DATE: November 25, 2010 THE HONOURABLE JACQUES DUFRESNE, J.A. PETITIONER GEORGE BARDIS In person RESPONDENTS ATTORNEY WAHHAB MONIR and JEANNETTE SWITZER and CONCORDIA UNIVERSITY Mtre France Dulude ROBINSON SHEPPARD SHAPIRO AMENDED REQUEST TO BAN THE PUBLICATION OF NAME AND IDENTITY

Clerk: Robert Osadchuck Courtroom: RC.18 HEARING 10 h 13 Argument by Mr. Bardis 11 h 32 Argument by Mtre Dulude 11 h 35 Reply by Mr. Bardis Production of an Amended Motion to Ban the Publication of Name and Identity 11 h 38 Representations by Mtre Dulude 11 h 39 Representations by Mr. Bardis 11 h 41 Recess 11 h 48 Resumption of the hearing 11 h 48 By the judge: judgment (see next page) Robert Osadchuck Clerk JUDGMENT [ 1 ] I am seized, as a motions' judge, of Petitioner’s Amended Motion to Ban the Publication of Name and Identity.

The Petitioner based his motion on Sections 4, 5 and 49 of the Quebec Charter of Human Rights and Freedoms ( R.S.Q. c. C-12 ). [ 2 ] There is no appeal pending before the Court. Petitioner’s appeal of the judgment rendered by the Superior Court on December 18, 2009 in cases bearing numbers 500-17-030241-064 and 500-05-047782-998 was dismissed by judgment of the Court on July 6, 2010.

On September 27, 2010 Petitioner’s motion in revocation of the latter judgment was also dismissed. [ 3 ] Petitioner’s motion is, at best, of the nature of a safeguard order, over which a motions' judge has no jurisdiction. [ 4 ] Therefore, Petitioner’s amended Motion to Ban the Publication of Name and Identity is DISMISSED , without costs. JACQUES DUFRESNE, J.A.