| Competition Tribunal
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|
Tribunal de la Concurrence
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Reference: The Commissioner of Competition v. Reliance Comfort Limited Partnership, 2013 Comp. Trib. 20
File No.: CT-2012-002
Registry Document No.: 075
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
| BETWEEN:
The Commissioner of Competition
(applicant)
and
Reliance Comfort Limited Partnership
(respondent)
and
National Energy Corporation
(intervener)
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|
Decided on the basis of the written record
Before Judicial Member: Rennie J. (Chairperson)
Date of Order: December 9, 2013
Order signed by: Justice Donald J. Rennie
AMENDED SCHEDULING ORDER
[1]
FURTHER TO the notice of application filed by the Commissioner of Competition (“Commissioner”) pursuant to section 79 of the Competition Act, R.S.C. 1985, c. C-34, against the respondent Reliance Comfort Limited Partnership and the notice of application filed by the Commissioner pursuant to section 79 of the Competition Act against the respondent Direct Energy Marketing Limited (CT-2012-003);
[2]
AND FURTHER TO the Tribunal’s Scheduling Order of November 27, 2013, and recent correspondence from counsel;
[3]
AND WHEREAS, in fixing the hearing date of these matters to begin January 12, 2015, the Tribunal notes two factors, raised by the parties in their correspondence and not previously discussed; the possible length of time of the hearings, and the possibility that they might be heard consecutively, rather than concurrently;
[4]
AND HAVING regard to the scheduling implications of these factors for the Tribunal and reserving for future submissions and consideration the length and place of hearings and whether the hearings will be concurrent or consecutive, the Tribunal has amended and fixed the start date accordingly;
THE TRIBUNALS ORDERS THAT:
[5]
The schedule for the pre-hearing steps shall be as follows:
| Friday, March 28, 2014
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Service of Affidavits of Documents and delivery of documents by all Parties
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| Wednesday, April 30, 2014
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Deadline for the filing 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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| Date to be set as needed, during week of May 26, 2014
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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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| Friday, June 6, 2014
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Deadline for delivery of any additional productions resulting from any Affidavits of Documents/production motions
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| Monday, June 16, 2014 – Friday, July 25, 2014
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Examinations for discovery according to a schedule to be settled between counsel.
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| Friday, September 12, 2014
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Deadline for fulfilling answers to discovery undertakings
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| Friday, September 19, 2014
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Deadline for filing motions arising from answers to undertakings and refusals
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| Week of September 29, 2014
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Hearing of motions arising from answers to undertakings and refusals
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| Friday, October 17, 2014
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Last day for follow-up examinations for discovery
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| Friday, October 31, 2014
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Applicant and Intervenor to serve documents relied upon, witness statements, and serve and file expert reports
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| Friday, November 14, 2014
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Applicant to serve list of documents proposed to be admitted without further proof
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| Tuesday, December 2, 2014
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Respondent to serve documents relied upon, witness statements, and serve and file expert reports
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| Friday, December 19, 2014
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Deadline for delivering any Requests for Admissions
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| Friday, December 19, 2014
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Applicant and Intervenor to serve list of reply documents, witness statements, and serve and file reply expert reports
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| Tuesday, December 30, 2014
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Deadline for the hearing of any motions for Summary Disposition and/or any motions related to the evidence
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| Tuesday, December 30, 2014
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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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[6]
The hearing of the applications will commence at 10:00 am on Monday, January 12, 2015.
[7]
This Order governing pre-hearing scheduling shall apply in respect of the application filed by the Commissioner against Direct Energy Marketing Limited (CT-2012-003).
| DATED at Ottawa, this 9th day of December, 2013.
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| SIGNED on behalf of the Tribunal by the Chairperson.
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| (s) Donald J. Rennie
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COUNSEL:
For the applicant:
| The Commissioner of Competition
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| Jonathan Hood
Parul Shah
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For the respondents:
| Reliance Comfort Limited Partnership
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| Robert S. Russell
Brendan Wong
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| Direct Energy Marketing Limited
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| Donald Houston
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For the intervener:
| National Energy Corporation
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| Adam Fanaki
Derek D. Ricci
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