Case Documents

Reference: The Commissioner of Competition v Vancouver Airport Authority, 2018 Comp Trib 3

File No: CT-2016-015

Registry Document No: 193

IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act, RSC 1985, c C-34 as amended;

AND IN THE MATTER OF a case management conference held on February 14, 2018 to discuss the re-scheduling of the hearing which was postponed in light of the Federal Court of Appeal’s decision, dated January 24, 2018, setting aside the Tribunal’s order, dated April 24, 2017, and remitting the matter back to the Tribunal for redetermination.

Date of case management conference: February 14, 2018

Before Judicial Member: D. Gascon J. (Chairperson)

Date of Order: February 15, 2018

ORDER AMENDING THE HEARING DATES

[1]  FURTHER TO the application filed by the applicant, the Commissioner of Competition (“Commissioner”), against the respondent, Vancouver Airport Authority (“VAA”), pursuant to section 79 of the Competition Act, RSC, c C-34, as amended (“Application”);

[2]  AND FURTHER TO VAA’s motion, dated February 28, 2017, challenging the Commissioner’s claims of public interest privilege as a class privilege over certain documents in the Commissioner’s Affidavits of Documents;

[3]  AND FURTHER TO the Tribunal’s decision, dated April 24, 2017, dismissing VAA’s motion challenging the Commissioner’s claims of public interest privilege as a class privilege (“Tribunal’s Order”);

[4]  AND FUTHER TO the Federal Court of Appeal’s decision (“FCA’s Decision”), dated January 24, 2018, setting aside the Tribunal’s Order and remitting the matter back to the Tribunal for redetermination;

[5]  AND FURTHER TO an order from the Tribunal, dated January 29, 2018, suspending the scheduling order currently in place in this matter and adjourning the four-week hearing which was scheduled to commence on February 6, 2018, to a date to be determined by the Tribunal following consultations with the parties;

[6]  AND FURTHER TO a Case Management Conference (“CMC”) held on February 14, 2018 to discuss the re-scheduling of the hearing;

[7]  AND WHEREAS the Tribunal had informed the parties about two possible options on which the judicial members of the Tribunal would be available to re-schedule the hearing in the coming months, and had canvassed the parties’ availability with respect to these possible re-scheduling options;

[8]  AND WHEREAS counsel for VAA had informed the Tribunal that they would not be available with respect to the earlier option due to other previously-scheduled Court commitments;

[9]  AND WHEREAS, in the particular circumstances of this case and considering the additional discovery and pre-hearing disclosure steps to be undertaken further to the FCA’s Decision, the Tribunal is satisfied that the following revised hearing dates are appropriate and respect the principles found in subsection 9(2) of the Competition Tribunal Act, RSC 1985, c 19 (2nd Supp);

THE TRIBUNAL ORDERS THAT:

[10]  The hearing of the Application shall commence at 9:30 a.m. on Tuesday October 2, 2018 in the hearing room of the Tribunal located at 600-90 Sparks Street, Ottawa, and the revised schedule for the hearing shall be as follows:

COUNSEL:

For the applicant:

For the respondent: