| Competition Tribunal
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|
Tribunal de la Concurrence
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Reference: The Commissioner of Competition v Vancouver Airport Authority, 2017 Comp Trib 9
File No.: CT-2016-015
Registry Document No.: 116
IN THE MATTER OF the Competition Act, RSC 1985, c C-34 as amended;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.
| BETWEEN:
Commissioner of Competition
(applicant)
and
Vancouver Airport Authority
(respondent)
|
|
Decided on the basis of the written record
Before Judicial Member: D. Gascon J. (Chairperson)
Date of Order: July 21, 2017
ORDER AMENDING THE SCHEDULING ORDER
[1]
FURTHER TO the notice of application filed by the applicant, the Commissioner of Competition, against the respondent, Vancouver Airport Authority, pursuant to section 79 of the Competition Act, RSC, c C-34, as amended;
[2]
AND FURTHER TO the parties’ request to amend the Scheduling Order dated December 20, 2016 and amended by further order on February 16, 2017;
[3]
AND WHEREAS the Tribunal has examined the proposed amendments and is of the view that they 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:
[4]
The revised schedule for the pre-hearing steps shall now be as follows:
| August 23 – 25, 2017
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Examination for discovery of the Commissioner’s representative
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| September 22, 2017
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Deadline for fulfilling answers to discovery undertakings
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| September 29, 2017
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Last day for filing of motions arising from answers to undertakings and refusals
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| October 13, 2017
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Hearing of any motions arising from answers to undertakings or refusals
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| November 3, 2017
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Last day for follow-up examinations for discovery
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| November 15, 2017
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Applicant to serve documents relied upon and witness statements, and to serve and file expert reports, if any
|
| November 15, 2017
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Applicant to serve list of documents proposed to be admitted without further proof
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| December 15, 2017
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Respondent to serve documents relied upon and witness statements, and to serve and file expert reports, if any
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| January 8, 2018
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Deadline for delivering any Requests for Admissions
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| January 8, 2018
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Applicant to serve list of reply documents and witness statements, and to serve and file reply expert reports, if any
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Last day to file motions for Summary Disposition and/or any motions related to the evidence
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| January 19, 2018
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Deadline to provide documents to the Tribunal for use at the hearing (e.g., Briefs of Authorities, witness statements 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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| January 23, 2018
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Hearing of any motions for Summary Disposition and/or any motions related to the evidence
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[5]
The evidentiary portion of the hearing of this application shall commence at 10:00 am on January 29, 2018 in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa. The schedule shall be as follows:
| January 29 – February 2, 2018
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First week of hearing (4 days in Ottawa)
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| February 5 – 9, 2018
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Second week of hearing (4 days in Ottawa)
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| February 12 – 16, 2018
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Third week of hearing (4 days in Vancouver)
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[6]
The Tribunal will hear oral argument from February 26, 2018 to February 28, 2018 in Ottawa.
| DATED at Ottawa, this 21th day of July 2017.
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| SIGNED on behalf of the Tribunal by the Chairperson.
|
| (s) Denis Gascon
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COUNSEL:
For the applicant:
| The Commissioner of Competition
|
| Jonathan Hood
|
| Antonio Di Domenico
|
| Katherine Rydel
|
| Ryan Caron
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For the respondent:
| Vancouver Airport Authority
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| Calvin S. Goldman Q.C.
|
| Michael Koch
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| Julie Rosenthal
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