Case Documents

Reference: The Commissioner of Competition v. The Toronto Real Estate Board, 2011 Comp. Trib. 12

File No.: CT-2011-003

Registry Document No.: 41

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.

Date of conference call: 20110915

Before Judicial Member: Phelan J.

Date of Order: September 15, 2011

Order signed by: Mr. Justice M. Phelan

ORDER RELATING TO MATTERS CONSIDERED AT THE CONFERENCE CALL OF SEPTEMBER 15, 2011

[1]  UPON MOTION by the Toronto Real Estate Board (“TREB”) for an order removing current counsel of record (Mark Nicholson and Gowling Lafleur Henderson LLP) for the proposed intervenor Realtysellers Real Estate Inc. on grounds of conflict of interest;

[2]  AND UPON CONSIDERING that TREB is due to serve and file its Response to Realtysellers Real Estate Inc.’s (“Realtysellers”) request for leave to intervene;

[3]  AND WHEREAS it would be preferable that TREB and Realtysellers not exchange pleadings until this issue is resolved even though the Tribunal has been advised that an “ethical screen” is in place at Gowling Lafleur Henderson LLP;

THE TRIBUNAL ORDERS THAT:

[4]  Until otherwise ordered, TREB’s response to Realtysellers’ request for leave to intervene shall be filed on September 16, 2011, and shall be designated as a confidential document, and shall be served upon the Commissioner of Competition to be treated by the Commissioner as a confidential filing and not to be otherwise disclosed.

[5]  Realtysellers’ reply shall be filed upon further order of the Tribunal.

[6]  Realtysellers shall serve and file its responding motion material on September 22, 2011.

[7]  TREB and Realtysellers shall serve and file any supplemental evidence and memorandum of fact and law on September 28, 2011.

[8]  The motion shall be heard in Ottawa commencing at 10:00 a.m. on October 3, 2011.

APPEARANCES:

For the applicant:

For the respondent:

For the proposed intervenor: