Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. Premier Career Management Group et al., 2007 Comp. Trib. 31 File No.: CT-2007-006 Registry Document No.: 0073
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)
Decided on the basis of the written record Presiding Judicial Member: Simpson J. Date of Order: November 16, 2007 Order signed by: Madam Justice Sandra J. Simpson
ORDER ALLOWING MOTION TO AMEND REVISED MOTION RECORD FOR AN ORDER IN DEFAULT OF RESPONSE
[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 Commissioner’s Motion to Amend her Revised Motion Record for an Order in Default of Response (the “Motion to Amend”) to add the affidavit of Raffaele Rocca (the “Affidavit”) and to amend the Written Representations to refer to the Affidavit;
[3] AND UPON concluding that the Commissioner’s Motion to Amend should be granted because the Affidavit was not available when the Revised Motion Record was filed and because it includes relevant information.
NOW THEREFORE THE TRIBUNAL ORDERS THAT: [4] The Commissioner’s Motion to Amend is granted without costs. [5] The Amended Written Representations which were served and filed as part of the Commissioner’s Motion to Amend, shall replace the Written Representations found at Tab 2 of the Commissioner’s Revised Motion Record for an Order in Default, and the Affidavit of Raffaele Rocca, shall be added at Tab 12 of the Commissioner’s Revised Motion Record.
DATED at Ottawa, this 16 th day of November, 2007 SIGNED on behalf of the Tribunal by the Chairperson. (s) Sandra J. Simpson
COUNSEL: For the applicant: The Commissioner of Competition Stéphane Lilkoff Roger Nassrallah
For the respondents: Premier Career Management Group Corp. and Minto Roy Sarah Swan Michael G. Thomas