Competition Tribunal Tribunal de la Concurrence Reference: Nadeau Poultry Farm Limited v. Groupe Westco Inc. et al., 2008 Comp. Trib. 32 File No.: CT-2008-004 Registry Document No.: 0345
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;
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: Blanchard J. Date of Order: November 28, 2008 Order signed by: Justice Edmond P. Blanchard
SCHEDULING ORDER FOR PRE-HEARING PROCEDURES RELATING TO THE APPLICANT’S MOTION FOR SHOW CAUSE ORDER AND THE RESPONDENT’S MOTION FOR AN ORDER OR DIRECTION REGARDING THE TRIBUNAL’S INTERIM SUPPLY ORDER
[1] FURTHER TO the Competition Tribunal Order of May 12, 2008, granting Nadeau Ferme Avicole Limitée/Nadeau Poultry Farm Limited (the “Applicant”) leave to make an application (the “Application”) under section 75 of the Competition Act, R.S.C. 1985, c. C-34, as amended (the “Act”);
[2] AND FURTHER TO the Applicant’s Motion for a Show Cause Order, filed on November 4, 2008 and Groupe Westco Inc.’s (“Westco”) Motion for an Order or Direction regarding the Tribunal’s Interim Supply Order, filed on November 6, 2008 (collectively, the “Motions”);
[3] AND FURTHER TO the Competition Tribunal Order of November 7, 2008, affording the parties the opportunity to provide the Tribunal with an agreed timetable for the disposition of the Motions on or before November 21, 2008;
[4] AND WHEREAS the Tribunal advised the parties that the Motions shall be heard together;
[5] AND WHEREAS the parties filed on November 25, 2008, an agreed timetable for the disposition of the Motions;
THE TRIBUNAL ORDERS THAT: [6] The schedule for pre-hearing procedures shall be as follows: On or before Monday, December 15, 2008 Each party shall serve and file responding materials, if any
On or before Tuesday, December 23, 2008 Parties to complete cross-examinations on the affidavits, if any
On or before Wednesday, January 7, 2009 Deadline for filing of motions with respect to the cross-examinations, if any
Monday, January 12, 2009 Case management conference to address any issues arising from the cross-examinations, if required
On or before Monday, January 19, 2009 Moving parties to serve and file memoranda of fact and law
On or before Monday, January 26, 2009 Responding parties to serve and file memoranda of fact and law
[7] The date for the hearing of the Motions shall be subsequently set by the Tribunal. DATED at Ottawa, this 28 th day of November, 2008. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Edmond P. Blanchard
COUNSEL: For the applicant Nadeau Ferme Avicole Limitée/Nadeau Poultry Farm Limited Leah Price Andrea McCrae Joshua R. Freeman
For the respondents Groupe Westco Inc. Denis Gascon Éric C. Lefebvre Martha Healey Alexandre Bourbonnais Geoffrey Conrad
Groupe Dynaco, Coopérative Agroalimentaire Paul Routier Paul Michaud Louis Masson Olivier Tousignant
Volailles Acadia S.E.C. and Volailles Acadia Inc./Acadia Poultry Inc. Pierre Beaudoin Valérie Belle-Isle