Case Details

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Decision Content

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CT-2002-004 ( Sears )

 

Proceeding 1

The Commissioner of Competition v Sears Canada Inc.

Section(s):

74.01 - Deceptive marketing practices

Filed on:

2002-07-22

Status:

Decided - 2005-01-11

 

Applicant(s):

The Commissioner of Competition

Respondent(s):

Sears Canada Inc.

 

Hearing Date:

2003-10-20 to 2003-10-24

2003-10-27 to 2003-10-31

2003-11-03 to 2003-11-07

2003-11-12 to 2003-11-14

2004-01-16,

2004-01-19 to 2004-01-22

2004-02-02 to 2004-02-03

2004-06-28 to 2004-06-29

2004-08-19 to 2004-08-20

Hearing Location:

Ottawa

Panel Members:

Dawson J.

 

Case Documents

 

Pleading(s)

 

#

Title

Date

1a

Notice of Application

2002-07-22

2a

Response

2002-09-18

11b

Reply

2002-10-28

 

Motion(s) and Related Document(s)

 

#

Title

Date

124b

Memorandum of argument of the Commissioner of Competition (final) (public version)

2004-06-11

133b

Sears' memorandum of argument (re: Constitutional Question - final argument)

2004-06-18

133c

Sears' memorandum of argument (re: Ordinary price representations - final argument)(public version)

2004-06-18

 

Other(s)

 

#

Title

Date

4

Notice of constitutional question

2002-09-18

70

Expert affidavit of Dennis DesRosiers sworn September 22, 2003

2003-10-14

78

Expert affidavit of Dr. Kenneth R. Deal sworn September 19, 2003

2003-10-14

107

Supplemental expert affidavit of Dr. Kenneth R. Deal sworn December 22, 2003

2004-01-08

109

Supplemental expert affidavit of Dennis DesRosiers sworn January 13, 2004

2004-01-13

68a

Expert affidavit of Dr. Donald Lichtenstein sworn October 10, 2003 (public version)

2004-01-16

69a

Expert affidavit of Sridhar Krishna Moorthy sworn October 9, 2003 (public version)

2004-01-16

71a

Expert affidavit of Donald Gauthier sworn September 22, 2003 (public version)

2004-01-16

77

Expert affidavit of Stephen Paul Mahinka sworn September 22, 2003 (public version)

2004-01-16

79a

Expert affidavit of John O. Winter sworn September 19, 2003 (public version)

2004-01-16

80a

Expert affidavit of Michael J. Trebilcock sworn September 22, 2003 (public version)

2004-01-16

81a

Expert rebuttal affidavit of Michael J. Trebilcock sworn October 3, 2003 (public version)

2004-01-16

82a

Supplemental expert rebuttal affidavit of Michael J. Trebilcock sworn October 10, 2003 (public version)

2004-01-16

139

Further written submissions of Sears Canada Inc. (re: S.74.01(5) of the Competition Act)

2004-07-06

137g

Argument in reply of the Commissioner (final) (public version)

2004-08-30

155a

Commissioner's submissions re: Documentary evidence

2004-09-10

157a

Sears' reply submissions regarding documentary evidence

2004-09-24

155c

Commissioner's reply regarding the documentary evidence

2004-10-01

 

Decision(s)

 

#

Title

Date

6

Order extending time for filing reply

2002-10-03

13

Order regarding service of disclosure statements, proposed schedule and scheduling

2002-10-23

28

Reasons and Order regarding Respondent's motion

2003-02-05

30

Reasons and Order regarding Commissioner's motion

2003-02-05

34

Order extending time to serve disclosure statement

2003-02-17

44

Interim confidentiality Order

2003-04-28

50

Scheduling Order

2003-05-30

60

Order regarding Respondents’ motion for leave to amend response and directing the Commissioner to produce documents

2003-10-06

62

Order to vary Scheduling Order by extending time for exchange of expert rebuttal affidavits

2003-10-08

85

Reasons for Order regarding Respondent's motion for leave to amend and directing the Commissioner to produce documents

2003-10-17

92

Reasons regarding Sears' notice of motion for adjournment and/or stay of proceedings

2003-10-21

95

Order regarding Sears' motion to amend its disclosure statement

2003-10-23

96

Order regarding a request to admit

2003-10-23

97

Reasons regarding Respondent's motion for leave to amend previously served will-say statements and to disclosure statement

2003-10-27

98

Supplementary Reasons and Order regarding the cost of Sears' motion for an adjournment and/or stay of proceedings

2003-10-29

99

Reasons and Order regarding the Commissioner's motion making certain documents public

2003-10-29

100

Reasons following the Tribunal's Order regarding a request to admit

2003-10-29

102

Order regarding public transcript dated November 12, 2003

2003-11-14

103

Order regarding expert witness

2003-12-22

123

Scheduling Order regarding final argument

2004-04-06

131

Reasons and Order regarding Sears’ motion to amend the Scheduling Order regarding final argument

2004-06-11

138

Order regarding Sears’ motion for adjournment

2004-06-30

151

Reasons for Order and Order regarding Sears’ motion for leave to present evidence and make submissions at a separate hearing relating to subsection 74.1(5) of the Competition Act

2004-07-20

148

Order regarding a motion (from the Respondent) made orally to strike part of affidavit

2004-07-21

152

Scheduling Order regarding final argument

2004-08-05

158b

Reasons for Order

2005-01-11

162

Scheduling Order regarding hearing relating to subsections 74.01(3) and (5) of the Competition Act and with respect to submissions on costs

2005-02-07

163

Scheduling Order regarding March 29, 2005 hearing

2005-02-18

167

Order with respect to Reasons for Order dated January 11, 2005 and administrative monetary penalty and costs

2005-04-01

 

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