| Competition Tribunal
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Tribunal de la Concurrence
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Date: July 28, 2016
Subject: CT-2016-004 - The Commissioner of Competition v. Moose International Inc.
Direction to Counsel (from Justice Gascon, Chairperson)
A case management conference (CMC) to discuss the proposed timetable will take place on Thursday August 4, at 10:00 am, by teleconference. The CMC will be presided by the Chairperson, Mr. Justice Gascon.
Please find enclosed, for your consideration and for the purpose of the discussion at the CMC, some of the amendments that the Tribunal would propose to make to the proposed timetable received from the parties. The bracketed dates reflect the potential dates on which the Tribunal would be available to hear motions, and would need to be confirmed by the parties.
Please note that, at the CMC, the Tribunal also intends to discuss the following issues:
In light of the recent mediation in Parkland, should the parties consider filing witness statements and expert reports (if any) prior to having the mediation, in order for the mediator to have all the required facts/evidence to rely on ?;
Have the parties already identified any potential mediators or do they wish to propose any ?;
Regarding the visit contemplated to the Respondent’s facilities in Winnipeg, what is the position of the Commissioner on this proposal ? If it takes place, what would be the timing of such visit (before or during the hearing) ? Is the visit intended to be with or without the parties and counsel present ? Is the visit and the information provided during the visit intended to be considered as evidence and, if so, how is it contemplated to be entered into the record ?;
With respect to the hearing, the Tribunal would propose to sit Monday to Thursday in the weeks of February 27 and March 6, for a total of 8 days, and to set aside two days for argument in the week of March 13.
The parties will of course have the opportunity to raise any other matter arising from the proposed timetable. Please confirm by email the telephone number where you can be reached for this CMC.
Joseph (Jos) LaRose
Deputy Registrar / Registraire adjoint
Competition Tribunal / Tribunal de la concurrence
600-90 Sparks, Ottawa ON K1P 5B4
Tel.: 613-954-0857
DRAFT – July 5, 2016
CT-2016-004
[COMPETITION TRIBUNAL LETTERHEAD]
Reference: The Commissioner of Competition v. Moose International Inc.
File No.: CT-2016-004
Registry Document No.:
IN THE MATTER of the Competition Act, R.S.C. 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/decided on the basis of the written record]
Before Judicial Member: [JUDICIAL MEMBER]
Date of Order: [DATE]
Order signed by: [NAME]
[DRAFT] SCHEDULING ORDER
[1] FURTHER TO the notice of application filed by the Commissioner of Competition (“Commissioner”) against the Respondent pursuant to section 74.1 of the Competition Act, R.S.C., c. C-34, as amended;
[other recitals depending on how schedule is resolved]
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 23 or 26, 2016 or October 11, 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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| Mediation + 10 days
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Last day to file motions arising from answers to undertakings and refusals
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| [November 30 or December 1, 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, 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, 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 list of reply documents, witness statements, and to serve and file reply expert reports, if any
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| February 8, 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, subject to the Tribunal’s disposition of the Respondent’s future request that the Tribunal attend in Winnipeg to view the facilities used by the Respondent.
| DATED at Ottawa, this [DATE]th of [MONTH], 2016.
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| SIGNED on behalf of the Tribunal by [NAME]
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