Case Documents

Reference: The Used Car Dealers Association of Ontario v. Insurance Bureau of Canada, 2011 Comp. Trib. 20

File No.: CT-2011-008

Registry Document No.: 8

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;

AND IN THE MATTER of an Application by the Used Car Dealers Association of Ontario for interim relief pursuant to section 104 of the Competition Act.

Decided on the basis of the written record.

Before Judicial Member: Simpson J. (Chairperson)

Date of Order: October 20, 2011

Order signed by: Madam Justice Sandra J. Simpson

INTERIM SUPPLY ORDER ON CONSENT

[1]  UPON 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 UPON an Application by the UCDA for interim relief pursuant to section 104 of the Act;

[3]  AND UPON the Tribunal’s decision granting the UCDA leave to make application under section 75 of the Act and the direction of the Tribunal in that decision asking the parties to consult to see whether they could agree about whether an interim supply order could be made and, if so, on what terms (see The Used Car Dealers Association of Ontario v. Insurance Bureau of Canada, 2011 Comp. Trib. 10);

[4]  AND UPON being advised by e-mail dated October 11, 2011, that the UCDA and the Respondent, the Insurance Bureau of Canada (the “IBC”), consent to the issuance of an interim supply order on the terms set out below;

NOW THEREFORE THIS TRIBUNAL ORDERS THAT:

[5]  Until the disposition of the UCDA’s application under section 75 of the Act by the Tribunal, or the withdrawal, cessation, settlement or termination of that application by other means, the IBC is to supply the UCDA forthwith with access to the IBC’s Web Claims Search Application on the basis previously supplied prior to June 17, 2011, and in accordance with the Access Agreement made as of March 17, 2006, between the IBC and the UCDA.

COUNSEL:

For the applicant:

For the respondent: