| Competition Tribunal
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Tribunal de la Concurrence
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Reference: The Used Car Dealers Association of Ontario v. Insurance Bureau of Canada, 2012 Comp. Trib. 24
File No.: CT-2011-008
Registry Document No.: 72
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 Used Car Dealers Association of Ontario for an Order pursuant to section 75 of the Competition Act;
| BETWEEN:
Used Car Dealers Association of Ontario
(applicant)
and
Insurance Bureau of Canada
(respondent)
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|
Decided on the basis of the written record
Before Judicial Member: Rennie J. (Chairperson)
Date of Order: October 5, 2012
Order signed by: Justice Donald J. Rennie
RE-AMENDED SCHEDULING ORDER
[1]
FURTHER TO an application by the Used Car Dealers Association of Ontario (the “UCDA”) for an Order pursuant to section 103.1 of the Competition Act, R.S.C. 1985, c. C-34, (the “Act”), granting leave to make an application under sections 75 and 76 of the Act;
[2]
AND FURTHER TO the Tribunal’s decision granting the UCDA leave to make an application under section 75 of the Act;
[3]
AND FURTHER TO the Amended Scheduling Order issued on July 10, 2012 (the “Scheduling Order”);
[4]
AND FURTHER TO the proposed revised scheduling order submitted by the parties on September 28, 2012;
THE TRIBUNAL ORDERS THAT:
[5]
The Scheduling Order is amended as follows:
| Wednesday, December 19, 2012
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Service of affidavits of documents
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| Week of January 28, 2013
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Examinations for discovery (schedule to be agreed between counsel)
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| Friday, February 22, 2013
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Deadline for fulfilling answers to discovery undertakings
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| Friday, March 15, 2013
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Deadline for filing motions, if any, (dealing with questions arising from productions, discovery and answers to undertakings)
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| Friday, March 22, 2013
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Deadline for filing responding motion materials
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| Tuesday, April 2, 2013
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Deadline for filing memoranda of fact and law
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| Not later than Friday, April 12, 2013
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Motions to be heard in Toronto, if necessary
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| Not later than Friday, April 19, 2013
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Case management conference or teleconference to deal with other matters such as an agreed statement of facts, a joint book of agreed documents, books of authorities and witness panels
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| Friday, May 3, 2013
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Applicant serves list of documents, witness statements and expert reports and provides them to the Tribunal
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| Friday, May 31, 2013
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Respondent serves list of documents, witness statements and expert reports, if any, and provides them to the Tribunal
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| Monday, June 17, 2013
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Applicant serves reply witness statements and expert reports. Both parties file witness schedules and divide up the chess clock time
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| Friday, June 28, 2013
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Deadline for filing motions, if any, (dealing with witness statements and expert reports)
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| Friday, July 5, 2013
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Deadline for filing responding motion materials
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| Tuesday, July 16, 2013
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Deadline for filing memoranda of fact and law
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| Not later than Friday, July 19, 2013
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Motions in Toronto re witness statements and expert reports, if necessary
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[6]
The hearing of the application will commence at 10:00 am on Tuesday, July 30, 2013, in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa, Ontario. The exact hearing dates will be fixed at a later date.
[7]
The hearing will be electronic (see Tribunal’s Practice Direction regarding Electronic Hearings dated March 2011) and will proceed using chess clock timing.
| DATED at Ottawa, this 5th day of October, 2012.
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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:
| Used Car Dealers Association of Ontario
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| Neil A. Campbell
Casey W. Halladay
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For the respondent:
| Insurance Bureau of Canada
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| Graham Reynolds
Geoffrey Grove
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