CT-2007-006 COMPETITION TRIBUNAL · IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER of an inquiry under subparagraph IO(l)(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;
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant and PREMIER CAREER MANAGEMENT GROUP CORP. and MINTO ROY Respondents
& MEMORANDUM OF ARGUMENT IN RESPONSE TO THE COMMISSIONER'S MOTION RECORD TO AMEND THE REVISED MOTION RECORD FOR AN ORDER IN DEFAULT OF RESPONSE
Michael G. Thomas Harper.Grey LLP Barristers & Solicitors 3200 Vancouver Centre 650 West Georgia Street Vancouver, BC V6B 4P"------~-T---• Telephone: (604) 687-04 • Fax: , 158331754598.1
CCMPmTION TRIB~ ~ TRIBUNAi. DE LA~CURRE P~·· . ~ .1 ~ OCT 31 2v.l) ~ 0 tEGrsnAR _ Rea1srAA1Re ~ OTTAWA, ONT, ~7 . (604) 669-9385
-9-RESPONSE TO THE COMMISSIONER'S MOTION RECORD TO AMEND THE REVISED MOTION RECORD FOR AN ORDER IN DEFAULT OF RESPONSE
20. The Respondents oppose the grounds of relief requested in the October 26, 2007 Notice of Motion of the Applicant for an Order to Amend the Revised Motion Record for an Order in Default of Response.
21. The application brought by the Applicant highlights the need to obtain complete particulars of the allegations. The Applicant has refused to provide particulars of the alleged misrepresentations in her pleadings. The Applicant is now attempting to add additional allegations of misrepresentation through affidavit evidence.
22. It is respectfully submitted that if the Applicant wishes to make additional allegations of misrepresentations she must first apply to amend her pleadings. Since the Applicant has not pied the specific misrepresentation contained in the supplemental material as required by Rule 181 of the Federal Court Rules, it is submitted that the supplemental evidence is not admissible.
23. It is submitted that the Applicant is attempting to expand the allegations against the Respondents without amending her pleadings. It is respectfully submitted that the Applicant should bring an application to amend her pleadings, and then, if successful, provide the evidence to support her allegations.
Dated: October 31, 2007 l. HARPER GREY LLP (Per Michael G. Thomas) Solicitor for the Defendants Name and address of solicitor: HARPER GREY LLP Barristers & Solicitors 3200 - 650 West Georgia Street Vancouver, BC V6B 4P7 Telephone: (604) 687-0411 (Fax No: (604) 669-9385) Attn: /mgt/BCSC FORMS
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