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Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Imperial Brush Co. Ltd. and Kel Kem Ltd. (c.o.b. as Imperial Manufacturing Group), 2006 Comp.Trib.38 File No.: CT-2006-010 Registry Document No.: 0006

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 subsection 10(1)(b)(ii) of the Competition Act relating to the marketing practices of Imperial Brush Co. Ltd. and Kel Kem Ltd. (c.o.b. as Imperial Manufacturing Group);

AND IN THE MATTER OF an application by the Commissioner of Competition for an order pursuant to section 74.1 of the Competition Act.

B E T W E E N : The Commissioner of Competition (applicant)

and Imperial Brush Co. Ltd. and Kel Kem Ltd. (c. o. b. as Imperial Manufacturing Group) (respondents)

Decided on the basis of the written record Presiding Judicial Member: Simpson J. (Chairperson) Date of order: November 9, 2006 Order signed by: Madam Justice S. Simpson

ORDER ON CONSENT EXTENDING THE TIME FOR THE SERVING AND FILING OF THE RESPONSE TO NOVEMBER 24, 2006

[1] FURTHER to the notice of application filed by the Commissioner of Competition (the “Commissioner”) pursuant to subsection 74.1(1) of the Competition Act, R.S.C. 1985, c. C-34;

[2] AND WHEREAS a response to the notice of application is to be served and filed no later than November 9, 2006, pursuant to Rule 5(2) of the Competition Tribunal Rules, SOR/94-290;

[3] AND WHEREAS the Respondents have requested that the time for serving and filing the response(s) be extended to November 24, 2006;

[4] AND FURTHER to the written consent of counsel for the Commissioner dated November 9, 2006;

[5] AND UPON determining that the request should be granted; THE TRIBUNAL ORDERS THAT: [6] The time for the service and filing of a response to the notice of application filed by the Commissioner is extended to November 24, 2006.

DATED at Ottawa, this 9 th day of November, 2006. SIGNED on behalf of the Tribunal by the Chairperson. (s) Sandra J. Simpson

COUNSEL: For the applicant Commissioner of Competition Jim Marshall Lorne Ptack Roger Nassrallah

For the respondents Imperial Brush Co.Ltd. and Kel Kem Ltd (carrying on business as Imperial Manufacturing Group)

Daniel M. Campbell

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