Case Details

Decision Information

Nadeau Poultry Farm - CT-2008-004

Collection	Case Details
Date Filed	2008-05-12
Panel Members	Blanchard J.; Mr. Gervais; Mr. Lanctôt
File Number	CT-2008-004
Status	Decided
Type of Application	Interim Order (Refusal to Deal) Refusal to Deal
Section(s) of the Competition Act	s. 75; ss. 104 (75)
Hearing Date	2008-06-23 2008-11-17
Date Completed	2012-05-18

Decision Content

NOTE: Some of the documents on this web page have been provided by external sources and have been inserted, as received, in the language and format of record.
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CT-2008-004 ( Nadeau Poultry Farm )

Proceeding 1 Nadeau Ferme Avicole Limitée/Nadeau Poultry Farm Limited v. Groupe Westco Inc., Groupe Dynaco, Coopérative Agroalimentaire and Volailles Acadia S.E.C./Volailles Acadia Inc. and Acadia Poultry Inc.
Section(s):	75 - Refusal to deal 104 (75) - Interim Order (Refusal to Deal)
Filed on:	2008-05-12
Status:	Decided - 2012-05-18

Applicant(s):

Nadeau Poultry Farm Limited

Respondent(s):

Groupe Westco Inc.

Groupe Dynaco, Coopérative Agroalimentaire

Volailles Acadia S.E.C.

Acadia Poultry Inc.

Hearing Date:

2008-11-17

Hearing Location:

Ottawa

Panel Members:

Blanchard J.

Paul-André Gervais

Henri Lanctôt

Case Documents

Pleading(s)

Pleading(s)
#	Title	Date
1	Notice of Application	2008-05-12
2	Notice of Application pursuant to section 104 of the Competition Act	2008-05-14
22	Affidavit of Thomas Soucy date May 29, 2008	2008-05-29
25	Affidavit of Rémi Faucher dated May 29, 2008	2008-05-29
27	Affidavit of Caroline Cloutier dated May 29, 2008	2008-05-29
40	Supplementary affidavit of Anthony Tavares	2008-06-09
55	Reply submissions of the Applicant	2008-06-19
67	Response of the Respondent Groupe Dynaco, Coopérative Agroalimentaire to the application pursuant to section 75 of the Competition Act	2008-06-26
74	Response of the Respondent Groupe Westco Inc.	2008-06-26
76	Response of the Respondents Volailles Acadia S.E.C. and Volailles Acadia Inc. regarding the application pursuant to section 75 of the Competition Act	2008-06-26
81	Reply pursuant to section 75 of the Competition Act	2008-07-10
154	Amended response	2008-09-23
324	Affidavit of Thomas Soucy of November 5, 2008	2008-11-06
373	Argument of fact and law of Volailles Acadia S.E.C. and Volailles Acadia Inc.	2008-12-02
362	Affidavit of Patrick Noël dated December 15, 2008	2008-12-15
370	Affidavit of Thomas Soucy dated December 15, 2008	2008-12-15
438	Public version of argument of fact and law of Groupe Volailles Acadia S.E.C. and Volailles Acadia Inc./Acadia Poultry Inc.	2009-02-04
442	Public version of the affidavit of Patrick Noël dated December 15, 2008, filed by Volailles Acadia S.E.C. and Volailles Acadia Inc.	2009-02-05
724	Affidavit of Nathalie Lemire	2011-09-13
730	Affidavit of Jessica Petrie sworn September 29, 2011	2011-10-12

Pleading(s)
Motion(s) and Related Document(s)

Other(s)
#	Title	Date
142	Public version of motion record filed by the Applicant for an Order compelling participants to answer questions asked during the examination for discovery	2008-09-17
144	Public version of notice of motion filed by Groupe Westco Inc. for an Order compelling participants to answer questions asked during the examination for discovery	2008-09-18
304	Matters arising from examinatin for discoveries	2008-10-31
315	Motion record of the applicant includes notice of motion and affidavit of Yves Landry sworn November 4, 2008	2008-11-05
323	Notice of motion for directions regarding the interpretation of the supply Order of June 26, 2008	2008-11-06
371	Responding motion record of the Applicant	2008-12-18
372	Groupe Westco Inc.'s memorandum of fact and law	2008-12-23
380	Notice of motion of Groupe Westco Inc. regarding refusals	2009-01-08
383	Motion record of the Applicant regarding the refusals	2009-01-08
413	Public version of memorandum of fact and law of Group Westco Inc.	2009-01-23
436	Public version of the memorandum of fact and law of the Applicant	2009-01-27
434	Public version of the memorandum of fact and law of Groupe Dynaco, Coopérative Agroalimentaire	2009-02-03
441	Public version of the reply of Volailles Acadia S.E.C. and Volailles Acadia Inc. on the motion dated November 4, 2008 of the Applicant	2009-02-05
679	Response to Westco’s informal motion	2010-06-23
723	Notice of motion regarding an undertaking as to damages	2011-09-19
729	Response to the notice of motion of Groupe Westco Inc.	2011-10-12
731	Memorandum of facts and law	2011-11-14
738	Public version of the memorandum of facts and law	2011-11-21

Decision(s)

Decision(s)
#	Title	Date
17	Order relating to matters considered at the conference call of May 22, 2008	2008-05-22
42	Scheduling Order	2008-06-11
69	Confidentiality Order - on consent of the parties	2008-06-26
70	Reasons for Order and Order allowing an application for interim relief under section 104 of the Competition Act	2008-06-26
113	Order relating to matters considered at the conference call of September 5, 2008	2008-09-05
221	Order dated October 10, 2008 regarding matters arising from examinations for discovery	2008-10-10
303	Order regarding witness statement objections	2008-10-31
321	Order relating to Nadeau's motion for a show cause Order	2008-11-05
329	Order relating to matters considered at the hearing management conference of November 6, 2008	2008-11-07
330	Order relating to objections to the Applicant's reply witness statements and expert reports	2008-11-07
345	Scheduling Order for pre-hearing procedures relating to the Applicant's motion for show cause Order and the Respondent's motion for an Order or Direction regarding the Tribunal's interim supply Order	2008-11-28
379	Order dated January 8, 2009 regarding matters arising from cross-examination in the contempt and interpretation motions	2009-01-08
455	Reasons for Order and Order regarding Applicant's motion for a show cause Order	2009-02-26
468	Order regarding disclosure by the Applicant in the contempt proceeding	2009-06-04
532	Reasons for Order and Order	2009-06-08
489	Order regarding disclosure by the Respondent Groupe Westco Inc. in the contempt proceeding	2009-07-09
498	Order relating to matters considered at the case management conference of July 13, 2009	2009-07-14
499	Order relating to matters considered at the case management conference of July 13, 2009 with respect to the contempt proceeding	2009-07-14
508	Amended Scheduling Order	2009-07-21
515	Direction to the parties with respect to a public version of the Tribunal’s Reasons for Order and Order of June 8, 2009	2009-08-04
516	Order relating to a public version of the Tribunal's confidential Reasons for Order and Order of June 8, 2009	2009-08-04
536	Order granting the Respondents an extension of time to file materials relating to costs and granting the Applicant's request with respect to a public version of the Tribunal's Order of June 8, 2009	2009-08-07
535	Order granting the Applicant's request to respond to Respondent's letter of July 31, 2009 in the contempt proceeding	2009-08-10
539	Order regarding the disclosure of documents over which the Applicant has claimed solicitor-client privilege	2009-08-13
562	Order regarding disclosure by the Applicant in the contempt proceeding	2009-09-01
577	Re-amended Scheduling Order	2009-09-23
603	Reasons for Order and Order dealing with questions about costs issues	2010-01-21
608	Reasons for Order and contempt Order (public version)	2010-01-22
617	Order refusing Westco's request to adjourn the sentencing hearing pending the determination of its appeal from the Tribunal's contempt Order	2010-02-19
638	Scheduling Order for sentencing hearing	2010-03-15
641	Order dismissing Westco's motion for an Order or Direction regarding the interpretation of the Tribunal's interim supply Order	2010-03-18
650	Order granting Westco’s representative access to confidential level A materials and extending time to serve and file documents relating to the sentencing hearing	2010-04-07
673	Amended sentencing hearing Order	2010-05-13
677	Final Reasons for Order and Order dealing with costs	2010-06-03
703	Sentencing Order (public version)	2010-09-24
701	Reasons for Order and Order regarding a claim for solicitor-client privilege in respect of the amount of Nadeau's legal fees	2010-11-30
721	Scheduling Order for the hearing of Westco’s motion regarding the enforcement of an undertaking as to damage	2011-08-30
744	Reasons and Order regarding Westco's request to enforce an undertaking	2012-05-18

Pleading(s)
Other(s)

Other(s)
#	Title	Date
44	Written Representations of Groupe Westco Inc.	2008-06-16
46	Written Representations of Groupe Dynaco, Coopérative Agroalimentaire	2008-06-16
48	Written representations of Groupe Volailles Acadia S.E.C. and Volailles Acadia Inc./Acadia Poultry Inc.	2008-06-16
355	Public version of the Applicant's submissions and compendium	2008-12-10
369	Written representations of Groupe Dynaco, Coopérative Agroalimentaire	2008-12-17
460	Submissions of the Applicant concerning the disclosure in the contempt proceeding	2009-05-21
462	Submissions of Westco concerning the disclosure in the contempt proceeding	2009-05-21
473	Letter from the Applicant enclosing documents for the contempt proceeding and requesting that Westco be required to produce witness statements	2009-06-19
474	List of witness for contempt proceeding	2009-06-19
476	Witness statement of Ms. Denise Boucher	2009-06-19
477	Witness statement of Mr. Yves Landry	2009-06-19
479	Witness statement of Dr. Rachel Oukama	2009-06-19
482	Written submissions in response to letter dated June 19, 2009	2009-06-29
483	Letter in reply to submissions filed June 29, 2009	2009-07-02
484	Letter in reply to letter dated July 2, 2009	2009-07-02
652	Submissions of Groupe Westco Inc. on sentencing and costs	2010-04-19
733	Supplementary record of Nadeau	2011-11-14

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