Case Documents

Reference: The Commissioner of Competition v. Reliance Comfort Limited Partnership, 2014 Comp. Trib. 16

File No.: CT-2012-002

Registry Document No.: 136

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 79 of the Competition Act;

AND IN THE MATTER of certain policies and procedures of Reliance Comfort Limited Partnership.

Decided on the basis of the written record.

Before Judicial Member: Rennie J. (Chairperson)

Date of Order: September 10, 2014

Order signed by: Justice Donald J. Rennie

ORDER IN RESPECT OF COSTS FOR RELIANCE'S MOTION FOR FURTHER AND BETTER AFFIDAVITS OF DOCUMENTS

[1] FURTHER TO the notice of application filed by the Commissioner of Competition (the “Commissioner”) against the Respondent pursuant to section 79 of the Competition Act, R.S.C. 1985, c. C-34, as amended (the “Act”) for an order pursuant to subsections 79(1), 79(2) and 79(3.1) of the Act;

[2] AND FURTHER TO a motion filed by Reliance comfort Limited Partnership (“Reliance”) on May 9, 2014 seeking, among other things, an order requiring the intervenor, National Energy Corporation (“National Energy”), to conduct a reasonable review of sound recordings in its possession, power or control and produce those that are relevant (the“Motion”);

[3] AND FURTHER TO the Tribunal’s Reasons for Order and Order dated June 13, 2014 dismissing the Motion with cost (the“Order”);

[4] AND UPON reviewing the correspondence filed by National Energy informing the Tribunal that National Energy and Reliance have agreed to the disposition of the cost of the Motion;

[5] AND WHEREAS reliance has agreed to pay Costs of National Energy fixed at $25,000, inclusive of all applicable taxes, by August 27, 2014;

THE TRIBUNAL ORDERS THAT:

[6] Reliance shall pay to National Energy $25,000 in respect of costs for the Motion, inclusive of all applicable taxes, by August 27, 2014.

COUNSEL

For the applicant:

For the respondent:

For the intervenor: