| Competition Tribunal
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|
Tribunal de la Concurrence
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Reference: The Commissioner of Competition v. Hudson’s Bay Company, 2018 Comp Trib 6
File No.: CT-2017-008
Registry Document No.: 65
IN THE MATTER OF an application for orders pursuant to section 74.1 of the Competition Act for conduct reviewable pursuant to paragraph 74.01(1)(a) and subsection 74.01(3) of the Competition Act;
AND IN THE MATTER OF a case management conference held on March 9, 2018 to discuss the scheduling proposal filed by the parties and related oral submissions.
| BETWEEN:
The Commissioner of Competition
(applicant)
and
Hudson’s Bay Company
(respondent)
|
|
Date of case management conference: March 9, 2018
Before Judicial Member: J. Gagné
Date of Order: March 28, 2018
ORDER AMENDING THE SCHEDULING ORDER
[1]
FURTHER TO the notice of application filed by the Commissioner of Competition (“Commissioner”) against the respondent, Hudson’s Bay Company (“HBC”) for orders pursuant to section 74.1 of the Competition Act for conduct reviewable pursuant to paragraph 74.01(1)(a) and subsection 74.01(3) of the Competition Act;
[2]
AND FURTHER TO the Tribunal’s Order, dated February 22, 2018, granting the Commissioner’s motion to file his Amended Notice of Application;
[3]
AND FURTHER TO the Commissioner filing his Amended Notice of Application on February 26, 2018;
[4]
AND FUTRHER TO parties’ correspondence, dated March 5, 2018, attaching their scheduling proposals and requesting a case management conference;
[5]
AND FUTHER TO a case management conference held on March 9, 2018;
[6]
AND WHEREAS, in the particular circumstances of this case – specifically, the filing of an Amended Notice of Application by the Commissioner – and taking into consideration the submissions made by the parties at the case management conference, the Tribunal is satisfied that the following revised dates are appropriate and respect the principles found in subsection 9(2) of the Competition Tribunal Act, RSC 1985, c 19 (2nd Supp), and, in particular, the considerations of procedural fairness;
THE TRIBUNAL ORDERS THAT:
[7]
The schedule for the remaining pre-hearing steps shall now be as follows:
| March 21, 2018
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Last day for HBC to file Amended Response
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| March 28, 2018
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Last day for Commissioner to file Amended Reply
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| June 1, 2018
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HBC produces Further Affidavit of Documents
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| Aug. 13 – Sept. 14, 2018
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Examinations for discovery according to a schedule to be settled between counsel
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| October 15, 2018
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Deadline for fulfilling answers to discovery undertakings
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| October 30, 2018
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Last day for filing of motion arising from answers to undertakings and refusals
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| November 20, 2018
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Hearing of any motions arising from answers to undertakings or refusals
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| November 23, 2018
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Last day for follow-up examinations for discovery
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| December 19, 2018
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Commissioner to serve document s relied upon, witness statements and expert reports, if any
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| January 4, 2019
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Commissioner to serve list of documents proposed to be admitted without further proof
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| January 8, 2019
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Mediation Briefs are due
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| January 22 and 23, 2019
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Mediation before the Honourable Justice Robert Barnes
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| March 1, 2019
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HBC to serve documents relied upon, witness statements, and expert reports (if any)
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| March 13, 2019
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Deadline for delivering any Request for Admissions
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| March 22, 2019
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Applicant to serve list of Reply documents, witness statements and expert reports (if any)
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| April 5, 2019
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Deadline to provide documents to the Tribunal for use at the hearing (e.g., Briefs of Authorities, witness statements, expert reports and Agreed Books of Documents)
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|
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Deadline for responding to any Requests for Admissions
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| April 18, 2019
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Deadline for the hearing of any motions for Summary Dispositions and/or any motions related to the evidence
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[8]
The hearing of the Application shall commence at 10:00 a.m. on May 6, 2019, in the hearing room of the Tribunal located at 600-90 Sparks Street, Ottawa. The schedule for the hearing shall be as follows:
| May 6 – 10, 2019
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First week of hearing
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| May 13 – 17, 2019
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Second week of hearing
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| May 20 – 24, 2019
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Third week of hearing
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| May 27 – 31, 2019
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Fourth week of hearing
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| June 3 – 7, 2019
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Fifth week of hearing
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[9]
The Tribunal will hear oral argument from June 25-27, 2019 in Ottawa.
| DATED at Ottawa, this 28 day of March 2018.
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| SIGNED on behalf of the Tribunal by the Judicial Member
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| (s) Jocelyne Gagné
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COUNSEL OF RECORD:
For the applicant:
| The Commissioner of Competition
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| Alexander Gay
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| Derek Leschinsky
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| Katherine Rydel
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For the respondent:
| Hudson’s Bay Company
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| Eliot Kolers
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| Mark Walli
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| William S. Wu
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