Affleck Greene • Orr LLP D.S. Affleck, Q.C. E-mail: dsaftleck@agola\v.com Direct Line: (416) 360-1488
Febrnary 27, 2007 File: 2373-001 BY EMAIL The Honourable Madam Justice Simpson Chairperson Competition Tribunal Thomas D 'Arey McGee Building 600 - 90 Sparks St. Ottawa, ON KIP 5B4
Dear Madam Justice Simpson: Re: Parfums Christian Dior Canada Inc. et al. ats Sears Canada Inc. Competition Tribunal File No. CT-2007-001
We are writing in regard to the leave application scheduled to be heard on Thursday, March I, 2007 at 9:00 a.m. in Toronto.
Pursuant to our telephone conference call held Friday, Febrnary 23, 2007, we agreed to proceed on a significantly shortened timeline, given we received opposing counsel's materials over the course of Thursday evening and Friday morning. However, we have now just received an additional 35 page document entitled "Written Representations of the Applicant", which was delivered by email after hours yesterday. Among other things, this document suggests that there are novel legal issues to be addressed in this application. We simply do not have time to receive instrnctions and adequately review and respond to these materials in the time frame agreed upon last Friday. Further, these materials were delivered after we had adhered to yesterday's deadline of 12 noon and advised the Applicant's counsel that we would not cross-examine on the Affidavit of the Applicant filed at this time. We now have to reconsider that decision as well as the nature of our own filings, which we originally agreed to file with the Tribunal by noon on Febrnary 28, 2007.
Opposing counsel asserts that this application must be heard on an urgent basis, as Sears will be in a critical position with regard to stock if they are not immediately supplied with Dior and Givenchy product. However, pursuant to a letter dated January 24, 2007, our clients offered to continue the supply of both Dior and Givenchy product
Barristers and Solicitors
365 Bay Street, 2nd Floor T 416 360 2800 Toronto, Ontario F 416 360 5960 Canada MSH 2V1 www.agolaw.com
Page2 Affleck Greene • Orr LLP under the usual trade terms for 60 days, or until March 25, 2007. That offer remains open, thus there is no valid reason to impose a shortened time line for the hearing of this application.
We therefore request that the full 15 day response period that we are entitled to under the Competition Act be applied and a new hearing date be scheduled.
We are available to discuss this matter at any time today. We look forward to your response.
Yours very truly,
DSA/lm cc. Bennett Jones LLP Attention: John F. Rook, Q.C., Derek J. Bell and Linda J. Visser