| Competition Tribunal
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|
Tribunal de la Concurrence
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Reference: The Commissioner of Competition v. Vancouver Airport Authority, 2016 Comp. Trib. 16
File No.: CT-2016-015
Registry Document No.: 26
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)
|
|
Date of case management conference: December 20, 2016.
Before Judicial Member: D. Gascon J. (Chairperson)
Date of Order: December 20, 2016
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 draft scheduling order provided by the parties on December 8, 2016 and to the discussions with counsel for both parties at a case management conference held on December 20, 2016;
[3]
AND WHEREAS the Tribunal has examined the proposed scheduling order and is of the view that, with the various amendments agreed to by the parties at the case management conference, it is appropriate and respects the principles found in subsection 9(2) of the Competition Tribunal Act, RSC 1985, c 19 (2nd Supp.);
THE TRIBUNAL ORDERS THAT:
[4]
The schedule for the pre-hearing steps shall be as follows:
| February 17, 2017
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Service of Affidavits of Documents and delivery of documents by all Parties
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| February 28, 2017
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Last day to file motions arising from Affidavits of Documents and/or productions
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| March 22, 2017
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Hearing of any motions arising from Affidavits of Documents and/or productions and/or in respect of the scope of examinations for discovery
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| April 3, 2017
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Deadline for delivery of any additional productions resulting from any Affidavits of Documents/production motions
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| April 10 – May 19, 2017
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Examinations for discovery according to a schedule to be settled between counsel
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| June 16, 2017
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Deadline for fulfilling answers to discovery undertakings
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| June 23, 2017
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Last day for filing of motions arising from answers to undertakings and refusals
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| July 11, 2017
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Mediation briefs due
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| July 12, 2017
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Hearing of any motions arising from answers to undertakings or refusals
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| July 25-27, 2017
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Mediation
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| July 31, 2017
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Last day for follow-up examinations for discovery
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| September 20, 2017
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Applicant to serve documents relied upon and witness statements, and to serve and file expert reports, if any
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| October 9, 2017
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Applicant to serve list of documents proposed to be admitted without further proof
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| October 20, 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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| October 26, 2017
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Deadline for delivering any Requests for Admissions
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| November 3, 2017
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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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| November 10, 2017
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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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Deadline for responding to any Requests for Admissions
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| November 14, 2017
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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 motions shall be heard in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa.
[6]
The mediation shall be held in Ottawa at the Competition Tribunal, Suite 600 at 90 Sparks Street, starting at 10:00 am on July 25, 2017.
[7]
The evidentiary portion of the hearing of this application shall commence at 10:00 am on November 20, 2017 in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa. The schedule shall be as follows:
| November 20 – 23, 2017
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First week of hearing (4 days in Ottawa)
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| November 27 – 30, 2017
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Second week of hearing (4 days in Vancouver)
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| December 4 – 7, 2017
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Third week of hearing (4 days in Ottawa)
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[8]
The Tribunal will hear oral argument from December 18, 2017 to December 20, 2017 in Ottawa.
| DATED at Ottawa, this 20th day of December 2016.
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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
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| Jonathan Hood
|
| Katherine Rydel
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| Ryan Caron
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For the respondent:
| Vancouver Airport Authority
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| Calvin S. Goldman
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| Richard Annan
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| Michael Koch
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