PUBLIC File No.: CT-2008-004 COMPETITION TRIBUNAL 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 Limitee/Nadeau Poultry Farm Limited for an Order pursuant to section 75 of the Competition Act.
BETWEEN: NADEAU FERME A VI COLE LIMITEE/ NADEAU POULTRY FARM LIMITED
Applicant AND GROUPE WESTCO INC. AND GROUPE DYNACO, COOPERATIVE AGRO ALIMENTA IRE AND VOLAILLES ACADIA S.E.C. AND VOLAILLES ACADIA INC./A CADIA POULTRY INC.
Respondents MOTION RECORD OF THE APPLICANT Date: January 7, 2009 FOGLER, RUBINOFF LLP Barristers and Solicitors #1200-95 Wellington Street West Toronto, Ontario M5J 2Z9
Leah Price Joshua Freeman
Tel: 416 864 9700 Fax: 416 841 8852 E-mail: lprice@foglers.com E-mail: j freeman@foglers.com Lawyers for the Applicant
PUBLIC TO: OGIVLY RENAULT, S.E.N.C.R.L., s.r.1 # 1100-1982 McGill College Street Montreal, Quebec H3A 3Cl
Denis Gascon Eric C. Lefebvre Alexandre Bourbonnais Geoffrey Conrad
Tel: 514 847 4747 Fax: 514 286 5474 Lawyers for Groupe Westco Inc. AND JOLI-COEUR, LACASSE, GEOFFRION, JETTE, ST-PIERRE TO: #600-1134 Grande Avenue West Quebec, Quebec GlS 1E5
Paul Routhier Paul Michaud Louis Masson Olivier Tousignant
Tel: 418 681 7007 Fax: 418 681 7100 Lawyers for Groupe Dynaco, Cooperative Agroalimentaire AND LA VERY, DE BILLY s.e.n.c.r.1. TO: #500-925 Grande A venue West Quebec, Quebec GlS lCl
Pierre Beaudoin Valerie Belle-Isle
Tel: 418-266-3068 Fax: 418-688-3458 Lawyers for Volailles Acadia S.E.C. and Volailles Acadia Inc./A cadia Poultry Inc.
Index
PUBLIC File No.: CT-2008-004 COMPETITION TRIBUNAL 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 Limitee/Nadeau Poultry Farm Limited for an Order pursuant to section 75 of the Competition Act.
BETWEEN: NADEAU FERME A VIC OLE LIMITEE/ NADEAU POULTRY FARM LIMITED
Applicant AND GROUPE WESTCO INC. AND GROUPE DYNACO, COOPERATIVE AGROALIMENTAIRE AND VOLAILLES ACADIA S.E.C. AND VOLAILLES ACADIA INC./ACADIA POULTRY INC.
Respondents INDEX Tab Document 1. Notice of Motion 2. Chart regarding the Refusals from the Cross-Examinations on the Affidavit of Thomas Soucy sworn on December 15, 2008, held on December 22, 2008 and attached documents
3. Chart regarding the Refusals from the Cross-Examination on the Affidavit of Patrick Noel sworn December 15, 2008, held on December 22, 2008 and attached documents
Tab 1
PUBLIC COMPETITION TRIBUNAL
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 Fenne Avicole Limitee/Nadeau Poultry Farm Limited for an Order pursuant to section 75 of the Competition Act.
BETWEEN: NADEAU FERME AVICOLE LIMITEE/ NADEAU POULTRY FARM LIMITED
Applicant AND GROUPE WESTCO INC. AND GROUPE DYNACO, COOPERATIVE AGROALIMENTAIRE AND VOLAILLES ACADIA S.E.C. AND VOLAILLES ACADIA INC./A CADIA POULT RY INC.
NOTICE OF MOTION
TAKE NOTICE THAT the Applicant, Nadeau Ferme Avicole Limitee/Nadeau Poultry Farm Limited ("Nadeau"), will make a motion in writing to the Competition Tribunal (the "Tribunal"). THE MOTION IS FOR: 1. An Order compelling the Respondent, Groupe Westco Inc. ("Westco"), to answer those questions set out at Tab 2, which were asked during the Cross-Examination on the Affidavit of Thomas Soucy, sworn December 15, 2008, held on December 22, 2008 (the "Soucy Examination"), within one (1) week from the date of the granting of the Order;
01 File No.: CT-2008-004
Respondents
PUBLIC 02 2. An Order compelling the Respondents, Volailles Acadia S.E.C. and Volailles Acadia Inc./Acadia Poultry Inc. (collectively, "Acadia"), and Groupe Dynaco, Cooperative Agroalimentaire ("Dynaco"), to answer those questions set out at Tab 3, which were asked during the Cross-Examination on the Affidavits of Patrick Noel, sworn December 15, 2008, held on December 22, 2008 (the "Noel Examination"), within one (1) week from the date of the granting of the Order; 3. Costs of this motion, payable forthwith; and 4. Any further relief that the Tribunal may deem just. THE GROUNDS FOR THE MOTION ARE: 1. By Order dated November 28, 2008, Justice Edmond P. Blanchard ("Justice Blanchard") made a Scheduling Order that required the following: (a) Cross-Examinations on the affidavits to be completed on or before December 23, 2008; (b) Motions with respect to the Cross-Examinations to be filed on or before January 7,2009;and (c ) Case management conference to address any issues arising from the Cross-Examinations to be held on January 12, 2009. 2. The Soucy Examination and Noel Examination took place on December 22, 2008. 3. At both the Soucy Examination and the Noel Examination a number of proper questions were refused.
PUBLIC 03 4. Attached at Tab 2 is a chart outlining those among the refusals arising out of the Soucy Examination, for which answers are now sought. 5. Attached at Tab 3 is a chart outlining those among the refusals arising out of the Noel Examination , for which answers are now sought. 6. The questions listed in the charts at Tabs 2 and 3 are all proper questions. 7. The Competition Tribunal Rules, R. 34 (1), and the Federal Courts Rules, R. 83 and R. 97. 8. Such further and other grounds as counsel may advise and the Tribunal may permit. THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion: 1. The charts contained at Tabs 2 and 3 hereto; 2. The documents referred to in the charts referred to above; 3. The transcripts from the Soucy Examination and Noel Examination, or the relevant portions thereof, to be filed as directed by the Tribunal; and 4. Such further or other documents as counsel may advise and the Tribunal may permit.
PUBLIC 04 Dated at Toronto this ih day of January, 2009 Leah Price Joshua Freeman FOGLER, RUBINOFF LLP Barristers and Solicitors #1200-95 Wellington Street West Toronto, ON MSJ 2Z9
Tel: 416 864 9700 Fax: 416 841 8852 E-mail: lprice@foglers.com E-mail: jfreeman@foglers.com Lawyers for the Applicant TO: OGIVLY RENAULT, S.E.N.C.R.L., s.r.l # 1100-1982 McGill College Street Montreal, QC H3A 3Cl
Denis Gascon Eric C. Lefebvre Alexandre Bourbonnais Geoffrey Conrad
Tel: 5148474747 Fax: 514 286 5474 Lawyers for Groupe Westco Inc. AND TO: JOLI-COEUR, LACASSE, GEOFFRION, JETTE, ST-PIERRE #600-1134 Grande Avenue West Quebec, QC G 1 S 1E5
Paul Routhier Paul Michaud Louis Masson Olivier Tousignant
Tel: 418 681 7007 Fax: 418 681 7100 Lawyers for Groupe Dynaco, Cooperative Agroalimentaire
PUBLIC 05 AND TO LA VERY, DE BILLY s.e.n.c.r.l. #500-925 Grande Avenue West Quebec, QC GlS lCl
Pierre Beaudoin Valerie Belle-Isle
Tel: 418-266-3068 Fax: 418-688-3458 Lawyers for Volailles Acadia S.E.C. and Volailles Acadia Inc./A cadia Poultry Inc.
Tab2
Pursuant to the Confidentiality Order dated June 26, 2008, this chart and the documents attached thereto will only appear in the confidential version of the Motion Record of the Applicant.
Tab3
Pursuant to the Confidentiality Order dated June 26, 2008, this chart and the documents attached thereto will only appear in the confidential version of the Motion Record of the Applicant.