Case Documents

Reference: The Commissioner of Competition v. Reliance Comfort Limited Partnership, 2013 Comp. Trib. 13

File No.: CT-2012-002

Registry Document No.: 0053

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.

Date of conference call: 20130911

Before Judicial Member: Rennie J. (Chairperson)

Date of Order: September 13, 2013

Order signed by: Justice Donald J. Rennie

ORDER RELATING TO MATTERS CONSIDERED AT THE CONFERENCE CALL OF SEPTEMBER 11, 2013

[1]  FURTHER TO the notice of application filed by the Commissioner of Competition (the “Commissioner”) pursuant to section 79 of the Competition Act, R.S.C. 1985, c. C-34, in which he alleges that the Respondent Reliance Comfort Limited Partnership (“Reliance”) has abused and continues to abuse its dominant position in the supply of natural gas and electric water heaters and related services to residential consumers in certain local markets in Ontario;

[2]  AND FURTHER TO the request for leave to intervene filed by National Energy Corporation (“National”), a company that supplies natural gas and electric water heaters for rental and related services to homeowners in Ontario and Quebec;

[3]  AND FURTHER TO the discussion held with counsel for the parties and National during the teleconference of September 11, 2013;

[4]  AND FURTHER TO the agreement of counsel to proceed with the cross-examination on the affidavit of Mr. Gord Potter filed in support of National’s request, on a date to be agreed upon;

THE TRIBUNAL ORDERS THAT:

[5]  The request for leave to intervene by National will be heard on October 17, 2013, at 9:30 a.m. at 180 Queen Street West in Toronto. The Registry will provide the parties with the precise location of the hearing room once it has been assigned.

[6]  Reliance shall serve and file any supplemental materials by the close of the Registry on Wednesday, October 9, 2013.

[7]  National shall serve and file any reply materials by the close of the Registry on Tuesday, October 15, 2013.

APPEARANCES:

For the applicant:

For the respondent:

For the applicant for leave to intervene: