| Competition Tribunal
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|
Tribunal de la Concurrence
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Reference: The Commissioner of Competition v. The Toronto Real Estate Board, 2012 Comp. Trib. 02
File No.: CT-2011-003
Registry Document No.: 95
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 rules, policies and agreements relating to residential multiple listing service of the Toronto Real Estate Board.
| BETWEEN:
The Commissioner of Competition
(applicant)
and
The Toronto Real Estate Board
(respondent)
and
The Canadian Real Estate Association Realtysellers Real Estate Inc.
(intervenors)
|
|
Date of conference call: 20111219
Before Judicial Member: Simpson J. (Chairperson)
Date of Order: January 19, 2012
Order signed by: Madam Justice Sandra J. Simpson
SCHEDULING ORDER
[1]
FURTHER TO the application filed by the Commissioner of Competition pursuant to section 79 of the Competition Act, R.S.C. 1985, c. C-34;
[2]
AND FURTHER TO the discussion held with counsel for the parties and intervenors during the case management conference call on December 19, 2011 (the “Conference Call”), about a timetable for the disposition of the application;
[3]
AND FURTHER TO the proposed timetable filed by counsel for the Commissioner of Competition on January 13, 2012 (“Proposed Timetable”);
[4]
AND WHEREAS the Tribunal has examined the Proposed Timetable and is of the view that it accurately reflects the rulings made by the Tribunal during the Conference Call regarding pre-hearing steps;
[5]
AND UPON all counsel agreeing to the date of the hearing set out in the Proposed Timetable.
FOR THESE REASONS, THE TRIBUNAL ORDERS THAT:
[6]
The schedule for the pre-hearing steps shall be as follows:
| Friday, January 20, 2012
|
Deadline for production of all documents and for delivery of parties’ and CREA’s Affidavits of Documents, including detailed Schedule B (Rule 60)
TREB to produce documents before January 20, 2012 on a best efforts basis
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| Friday, February 10, 2012
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Deadline to serve/file motions on Affidavits of Documents
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| Friday, February 17, 2012
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Hearing of any motions involving the parties’ and CREA’s Affidavits of Documents and productions
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| Wednesday, February 29, 2012
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Deadline for Production of Documents ordered at motion(s) (unless otherwise ordered)
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| Weeks of March 12 and 19 and/or 26, 2012
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Examinations for Discovery of TREB [Dates to be agreed by counsel]
Examinations for Discovery of Commissioner of Competition [Dates to be agreed by counsel]
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| Thursday, April 5, 2012
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Examination for Discovery of CREA
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| April/May 2012
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Additional Examinations for Discovery (as may be ordered by the Tribunal or agreed by counsel)
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| Monday, April 9, 2012
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Deadline for answers to undertakings
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| Friday, April 20, 2012
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Deadline for motions filed/served re: examinations for discovery and answers to undertakings and constitutional issues.
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| Friday, April 27, 2012
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Hearing of any motions (including constitutional issues notified by April 2, 2012) and questions arising from answers to undertakings
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| Tuesday, May 15, 2012
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Deadline for compliance with any order from motions (unless otherwise ordered)
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| Wednesday, May 30, 2012
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Deadline for the completion of any further discovery examination (as may be ordered by the Tribunal or agreed by counsel)
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| Friday, June 22, 2012
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Deadline for service of Commissioner’s witness statements, expert report(s) and list of documents to be relied on (Rules 68 and 77)
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| Friday, July 20, 2012
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Deadline for service of Commissioner’s list of the documents to be admitted without further proof (Rule 72)
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| Friday, July 27, 2012
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Deadline for service of TREB’s witness statements, expert report(s) and list of documents to be relied on (Rules 69 and 77)
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| TBA
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Pre-Hearing Conference
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| Friday, August 3, 2012
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Deadline for service of Intervenor’s witness statement, expert reports and list of documents to be relied upon
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| Friday, August 10, 2012
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Deadline for service of Requests to Admit (Rule 56)
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| Friday, August 17, 2012
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Service of Commissioner’s additional reply witness statements, expert reply reports and reply documents to be relied on (Rules 70 and 77)
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| Wednesday, August 22, 2012
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Deadline for the hearing of any motions about evidence and any motions for summary judgment.
Deadline for dividing up the hearing time – see paragraph 8 below
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| Friday, August 24, 2012
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Deadline for Responses to Requests to Admit (Rule 57)
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| Friday, August 24, 2012
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Deadline for providing the Tribunal with documents, including witness statements and expert reports (Rules 74 and 78)
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| Wednesday, August 29, 2012
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Deadline for the hearing of any motions about any Responding or Reply evidence served by the Commissioner or TREB
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[7]
The evidentiary portion of the hearing of this application shall commence on September 10, 2012, in Toronto, Ontario. The schedule shall be as follows:
| Week of September 10, 2012 (5 days)
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1st week of hearing (Monday to Friday)
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| Week of September 17, 2012 (3 days)
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2nd week of hearing (Wednesday to Friday)
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| Week of September 24, 2012 (4 days)
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3rd week of hearing (Monday, Tuesday, Thursday and Friday)
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| Week of October 1, 2012 (3 days)
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4th week of hearing (Monday, Tuesday and Friday)
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| Week of October 8, 2012 (1-2 days)
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5th week of hearing, if required (Tuesday and Wednesday)
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[8]
The hearing will proceed using chess clock timing. The parties and intervenors will advise the Tribunal Registry, on or before Wednesday, August 22, 2012, of their agreement about the division of time for the evidentiary portion of the hearing. The total time available is 4.5 hours per day × 16 days = 72 hours.
[9]
The Tribunal will hear oral argument from Wednesday, October 17 to Friday, October 19, 2012.
| DATED at Ottawa, this 19th day of January, 2012.
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| SIGNED on behalf of the Tribunal by the Chairperson.
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| (s) Sandra J. Simpson
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COUNSEL:
For the applicant:
| The Commissioner of Competition
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| John Rook
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For the respondent:
| The Toronto Real Estate Board
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| Donald Affleck Q.C.
Michael Binetti
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For the intervenors:
| Realtysellers Real Estate Inc.
|
| Chris Hersh
The Canadian Real Estate Association
Sandra A. Forbes
James Dinning
|