Competition Tribunal

Tribunal de la concurrence

Reference: The Commissioner of Competition v. The Canadian Real Estate Association, 2010 Comp. Trib. 13

File No.: CT-2010-002

Registry Document No.: 0066

 

 

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, regulations and policies of the Canadian Real Estate Association.

 

 

 

B E T W E E N:

 

The Commissioner of Competition

(applicant) and

The Canadian Real Estate Association

(respondent) and

National FSBO Network Inc.

(intervenor)

 

Date of case management conference: 20100714 Before Judicial Member: Simpson J. (Chairperson) Date of Order: July 16, 2010

Order signed by: Madam Justice S. J. Simpson

 

 

SCHEDULING ORDER SETTING A DATE FOR THE HEARING OF THE MAIN APPLICATION

[1] FURTHER TO the application filed by the Commissioner of Competition (the “Commissioner”) 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 Commissioner and for the respondent, the Canadian Real Estate Association (“CREA”), during the case management conference in Toronto on July 14, 2010, about the timetable for the disposition of the application;

 

[3] AND FURTHER TO the request made by counsel for more time to reach an agreement on the timing of certain pre-hearing steps including the deadlines for the hearing of motions;

 

[4] AND WHEREAS CREA has requested additional time to prepare its affidavit of documents;

 

[5] AND WHEREAS CREA’s request should be granted given, in particular, the number of relevant documents in CREA’s possession, the Commissioner’s request that CREA provide a detailed description of the subcategories of CREA’s privileged documents, and the discussion during the case management conference about the duration of the case to be met;

 

NOW THEREFORE THE TRIBUNAL ORDERS THAT:

 

[6] The hearing of the section 79 application will commence at 10:00 a.m. on Tuesday, April 26, 2011, in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa. These hearing dates are firm.

 

[7] The schedule for this hearing shall be as follows:

 

Tuesday, April 26, 2011 - First week of hearing (4 days) Friday, April 29, 2011

 

Monday, May 2, 2011- Second week of hearing (4 days) Thursday, May 5, 2011

 

Monday, May 9, 2011- Third week of hearing (4 days) Thursday, May 12, 2011

 

Monday, May 16, 2011- Fourth week of hearing (4 days) Thursday, May 19, 2011

 

Tuesday, May 24, 2011- Fifth week of hearing (4 days) Friday, May 27, 2011

 

Monday, May 30, 2011- Sixth week of hearing (4 days) Thursday, June 2, 2011

Monday, June 13, 2011- Argument (4 days)

Thursday, June 16, 2011

 

 

[8] The schedule for the pre-hearing steps shall be as follows:

 

Thursday, September 30, 2010 CREA shall provide partial production by serving some of its documents on the Commissioner

 

Friday, October 29, 2010 CREA shall serve on the Commissioner its affidavit of documents and the balance of its productions

 

The Commissioner shall serve on CREA her affidavit of documents and productions

 

[9] The Commissioner and CREA shall attempt to agree on the timing of the other pre- hearing steps and shall notify the Tribunal Registry when an agreement is reached. If no agreement can be reached, the Tribunal will schedule a case management conference, as it will more particularly direct.

 

DATED at Ottawa, this 16th day of July, 2010. SIGNED on behalf of the Tribunal by the Chairperson.

 

(s) Sandra J. Simpson

APPEARANCES

 

For the applicant:

The Commissioner of Competition John F. Rook

Jonathan Bell Roger Nassrallah

 

For the respondent:

The Canadian Real Estate Association Katherine L. Kay

Danielle K. Royal