Competition Tribunal Tribunal de la Concurrence Reference: Nadeau Poultry Farm Limited v. Groupe Westco Inc. et al., 2009 Comp. Trib. 13 File No.: CT-2008-004 Registry Document No.: 536
IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER of an Application by Nadeau Ferme Avicole Limitée/Nadeau Poultry Farm Limited for an Order pursuant to section 75 of the Competition Act;
AND IN THE MATTER of an Application by Nadeau Ferme Avicole Limitée/Nadeau Poultry Farm Limited for an Interim Order pursuant to section 104 of the Competition Act.
B E T W E E N: Nadeau Ferme Avicole Limitée/ Nadeau Poultry Farm Limited (applicant)
and Groupe Westco Inc. and Groupe Dynaco, Coopérative Agroalimentaire, and Volailles Acadia S.E.C. and Volailles Acadia Inc./ Acadia Poultry Inc. (respondents)
Decided on the basis of the written record. Presiding Judicial Member: Simpson J. Date of Order: August 7, 2009 Order signed by: Justice Sandra J. Simpson
ORDER GRANTING THE RESPONDENTS AN EXTENSION OF TIME TO FILE MATERIALS RELATING TO COSTS AND GRANTING THE APPLICANT’S REQUEST WITH RESPECT TO A PUBLIC VERSION OF THE TRIBUNAL’S ORDER OF JUNE 8, 2009
[1] FURTHER TO the Tribunal’s Order Relating to a Public Version of the Tribunal’s Confidential Reasons for Order and Order;
[2] AND FURTHER TO the letter dated August 4, 2009, from counsel for the Applicant requesting that the Tribunal clarify that two agreed-upon severances shall not be included in the public version of the Tribunal’s Confidential Reasons for Order and Order;
[3] AND FURTHER TO the Tribunal’s Order Relating to Matters Considered at the Case Management Conference of July 13, 2009, setting out timeframes for the service and filing of costs materials;
[4] AND FURTHER TO the letter dated August 6, 2009, from counsel for the Respondent Groupe Westco Inc. seeking an extension of time to serve and file costs materials;
[5] AND WHEREAS the Applicant does not object to the Respondents’ request for the extension of time;
THE TRIBUNAL ORDERS THAT: [6] The agreed-upon severances in paragraphs 193 and 205 of the Tribunal’s Confidential Reasons for Order and Order shall not be included in the public version of the decision.
[7] The Respondents shall serve and file their respective bills of costs with submissions, if any, on or before Friday, August 14, 2009. The Applicant shall serve and file its responding submissions on or before Wednesday, September 9, 2009, and the Respondents shall serve and file their reply submissions, if any, on or before Wednesday, September 16, 2009.
[8] No further extensions shall be granted. DATED at Ottawa, this 7 th day of August, 2009. SIGNED on behalf of the Tribunal by the Chairperson. (s) Sandra J. Simpson
COUNSEL: For the applicant Nadeau Ferme Avicole Limitée/Nadeau Poultry Farm Limited Leah Price Joshua Freeman Ron Folkes
For the respondents Groupe Westco Inc. Éric C. Lefebvre Martha Healey Alexandre Bourbonnais Denis Gascon
Groupe Dynaco, Coopérative Agroalimentaire Olivier Tousignant Volailles Acadia S.E.C. and Volailles Acadia Inc./Acadia Poultry Inc. Valérie Belle-Isle