Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. Premier Career Management Group et al., 2007 Comp. Trib. 33 File No.: CT-2007-006 Registry Document No.: 0088
IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER of an inquiry pursuant to subparagraph 10(1)(b)(ii) of the Competition Act relating to certain marketing practices of Premier Career Management Group Corp. and Minto Roy;
AND IN THE MATTER of an application by the Commissioner of Competition for an order under section 74.1 of the Competition Act.
B E T W E E N: The Commissioner of Competition (applicant)
and Premier Career Management Group Corp. and Minto Roy (respondents)
Conference call: 04122007 Presiding Judicial Member: Simpson J. (Chairperson) Date of Order: December 14, 2007 Order signed by: Madam Justice Sandra J. Simpson
ORDER RELATING TO MATTERS CONSIDERED AT THE CASE MANAGEMENT CONFERENCES OF NOVEMBER 19 AND DECEMBER 4, 2007
[1] FURTHER TO a notice of application filed by the Commissioner of Competition (the “Commissioner”) on May 8, 2007 for an order with respect to alleged false or misleading representations made by the Respondents contrary to subsection 74.01(1) of the Competition Act, R.S.C. 1985, c. C-34, as amended;
[2] AND FURTHER TO the discussion held with counsel during the case management conference of November 19, 2007, in which counsel for the Commissioner agreed to abandon her Motion for an Order in Default of Response and to amend her Notice of Application to provide particulars about the alleged misrepresentations;
[3] AND FURTHER TO the discussion held with counsel during the case management conference of December 4, 2007, in which the parties agreed to exchange and provide the Tribunal with the full statements of the evidence of lay witnesses before the commencement of the hearing and to the scheduling of certain matters;
[4] AND FURTHER TO determining that the hearing in this case will be conducted in the manner described in the Tribunal’s Notice to the Legal Profession about “Chess Clock” Proceedings available on the Tribunal’s website (www.ct-tc.gc.ca);
[5] AND FURTHER TO concluding that based on 5 hours of sitting time per day, the Commissioner will need 7 days i.e. 35 hours for her case and the Respondents will require 8 ½ days or 42 ½ hours for their case;
THE TRIBUNAL ORDERS THAT: [6] There shall be no costs in respect of the Commissioner’s Motion for an Order in Default of Response.
[7] The schedule for pre-hearing procedures shall be as follows: On or before Friday, February 1, 2008 Service of the Commissioner’s lay witnesses’ statements. Each lay witness statement shall be provided to the Tribunal and shall contain the full statement of evidence of the witness and any relevant documents.
On or before Monday, February 25, 2008 Service statements. Each lay witness statement shall be provided to the Tribunal and shall contain the full statement of evidence of the witness and any relevant documents.
Friday, February 29, 2008 Deadline for filing of all motions (including any motions regarding the lay witnesses’ statements and constitutional questions) but excepting those related to any reply witness statements.
of the Respondents’ lay witnesses’
On or before Monday, March 3, 2008 The Commissioner may serve and file reply lay witnesses’ statements.
[8] This application will be heard commencing at 9:30 a.m. on the following days: Wednesday, April 9 and Thursday, April 10, 2008 Monday, April 14 to Friday, April 18, 2008 Monday, April 21 to Thursday, April 24, 2008 Monday April 28 to Friday, May 2, 2008
[9] The hearing will be held in Vancouver, British Columbia in courtroom 701 at 701 West Georgia St.
DATED at Ottawa, this 14 th day of December, 2007. SIGNED on behalf of the Tribunal by the Chairperson. (s) Sandra J. Simpson
COUNSEL: For the applicant: The Commissioner of Competition Stéphane Lilkoff For the respondents: Premier Career Management Group Corp. and Minto Roy Michael G. Thomas Sarah Swan