| Competition Tribunal
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|
Tribunal de la Concurrence
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Reference: The Commissioner of Competition v. Moose International Inc., 2016 Comp. Trib. 14
File No.: CT-2016-004
Registry Document No.: 12
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 pursuant to section 74.1 of the Competition Act for conduct reviewable pursuant to paragraph 74.01(1)(a);
| BETWEEN:
The Commissioner of Competition
(applicant)
and
Moose International Inc.
(respondent)
|
|
Date of case management conference: August 4, 2016
Before Judicial Member: Gascon J. (Chairperson)
Date of Order: August 5, 2016
SCHEDULING ORDER
[1]
FURTHER TO the notice of application filed by the Applicant The Commissioner of Competition against the Respondent Moose International Inc. pursuant to section 74.1 of the Competition Act, RSC, c C-34, as amended;
[2]
AND FURTHER TO the draft scheduling order provided by the parties on July 18, 2016 and to the discussions with counsel for both parties at a case management conference held on August 4, 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:
| September 12, 2016
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Service of Affidavits of Documents and delivery of documents by all Parties
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| September 23, 2016
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Last day to file motions arising from Affidavits of Documents and/or productions
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| September 26, 2016
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Hearing of any motions arising from Affidavits of Documents and/or productions
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| October 12, 2016
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Deadline for delivery of any additional productions resulting from any Affidavits of Documents/production motions
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| October 17, 2016 – October 21, 2016
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Examinations for discovery according to a schedule to be settled between counsel
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| October 31, 2016
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Deadline for fulfilling answers to discovery undertakings
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| November 7, 2016
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Mediation briefs due
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| November 19 – 30, 2016
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Mediation (2 days)
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| November 25, 2016
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Last day to file motions arising from answers to undertakings and refusals
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| November 29, 2016
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Hearing of any motions arising from answers to undertakings and refusals
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| December 9, 2016
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Last day for follow-up examinations for discovery
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| December 19, 2016
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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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| January 9, 2017
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Applicant to serve list of documents proposed to be admitted without further proof
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| January 25, 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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| February 1, 2017
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Deadline for delivering any Requests for Admissions
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| February 6, 2017
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Applicant to serve reply documents and witness statements, and to serve and file reply expert reports, if any
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| February 7, 2017
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Last day to file motions for Summary Disposition and/or any motions related to the evidence
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| February 10, 2017
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Hearing of any motions for Summary Disposition and/or any motions related to the evidence
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| February 17, 2017
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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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| February 17, 2017
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Deadline for responding to any Requests for Admissions;
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[5]
The hearing of the Application will commence at 10:00 am on February 27, 2017, for not more than 10 days, in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa. The schedule for the hearing shall be as follows:
| Monday, February 27, 2017 – Thursday, March 2, 2017
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First week of hearing
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| Monday, March 6, 2017 – Thursday, March 9, 2017
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Second week of hearing
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| Monday, March 13, 2017 – Tuesday, March 14, 2017
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Third week of hearing (oral argument)
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[6]
The Tribunal shall dispose of the Respondent’s future request that the Tribunal attend in Winnipeg to view the facilities used by the Respondent when the Respondent will file a motion to that effect.
| DATED at Ottawa, this 5th day of August, 2016.
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| SIGNED on behalf of the Tribunal by the Chairperson
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| (s) Denis Gascon
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APPEARANCES
For the applicant:
| The Commissioner of Competition
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| Jonathan Hood
Alexander Gay
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For the respondent:
| Moose International Inc.
|
| Andrew Little
Kristen Holman
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