File No.: CT-007-006 THE 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 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;
BETWEEN: THE COMMISSIONER OF COMPETITION, l and PREMIER CAREER MANAGEMENT GROUP CORP. and MINTO ROY,
NOTICE OF MOTION TAKE NOTICE THAT the Applicant will make a motion to the Tribunal in writing. THE MOTION IS to obtain an order from the Tribunal extending by one day the 14 days delay provided at paragraph 4.1 ( 1) of the Competition Tribunal Rules with respect to the service of the Applicant's Disclosure Statement to Minto Roy.
a, f It ~ E U 1 Applicans;.. __.. .:•::.:o;;.:."';.;... _. • ---•-£G1-"-•A..,m~~-~-1 OTTAWA.. ONT, ff)/0 Respondents.
-2-THE GROUNDS FOR THE MOTION ARE as follows: • On May 8, 2007, the Applicant filed its Notice of Application; • On May 22, 2007, the 14th day following the filing of the Notice of Application, the Applicant unsuccessfully attempted to serve Minto Roy with the Applicant's Disclosure Statement at his place of work and at his residence;
• On May 23, 2007, the 15th day following the filing of the Notice of Application, the Applicant served Minto Roy with the Applicant's Disclosure Statement by leaving a copy of the document at his residence;
• Pursuant to rule 4.1 of the Competition Tribunal Rules, the Applicant's Disclosure Statement had to be served to Minto Roy within 14 days following the Notice of Application;
• Minto Roy is not prejudiced in being served one day late with the Applicant's Disclosure Statement because the computation of the delay for the filing of his response starts on that day he was served with the Applicant's Disclosure Statement, the whole in conformity with rule 5(2) of the Competition Tribunal Rules;
• Pursuant to rule 68(1) of the Competition Tribunal Rules, the delays provided by the rules can only be extended by order of the Tribunal;
• Therefore, the Applicant respectfully requests an order from the Tribunal that extends by one day the 14 days delay provided at rule 4.1 (1) of the Competition Tribunal Rules with respect to the service of the Applicant's Disclosure Statement with Minto Roy.
THE FOLLOWING DOCUMENTARY EVIDENCE is relied on by the Applicant: • The affidavit of service dated May 23, 2007 of Lawrence McManus for the service of the Applicant's Disclosure Statement with the Respondent Premier Career Management Group Corp. (Tab 2);
-3-• The affidavit of service dated May 23, 2007 of Lawrence McManus for the service of the Applicant's Disclosure Statement with the Respondent Minto Roy (Tab 3).
WITHOUT COSTS, unless contested. Gatineau, June 4, 2007 $tephane Lilkoff justice Canada Counsel to the Applicant