Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Saskatchewan Wheat Pool Inc., 2006 Comp. Trib. 4 File No.: CT2005009 Registry Document No.: 0022
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF an application by the Commissioner of Competition for an Order pursuant to section 92 of the Competition Act;
AND IN THE MATTER OF an application by the Commissioner of Competition for an Order pursuant to section 104 of the Competition Act;
AND IN THE MATTER OF a joint venture between Saskatchewan Wheat Pool Inc. and James Richardson International Limited in respect of port terminal grain handling in the Port of Vancouver.
B E T W E E N: Commissioner of Competition (applicant)
and Saskatchewan Wheat Pool Inc. James Richardson International Limited 6362681 Canada Ltd. and 6362699 Canada Ltd. (respondents)
and Canadian Wheat Board (applicant on motion)
Decided on the basis of the written record Judicial Member: Simpson J. (Chairperson) Date of Order: January 13, 2006 Order signed by: Madam Justice S. Simpson
ORDER EXTENDING THE TIME LIMIT FOR FILING A REQUEST FOR LEAVE TO INTERVENE
[1] WHEREAS all requests for leave to intervene in these proceedings were to be filed by January 3, 2006, pursuant to Rule 27(4) of the Competition Tribunal Rules, SOR/94-290, and the notice published in the Canada Gazette on December 3, 2005;
[2] AND WHEREAS the Canadian Wheat Board did attempt to file its request for leave to intervene on January 3, 2006, but was unable to do so;
[3] AND WHEREAS the Canadian Wheat Board filed on January 11, 2006, a motion for an order to extend the time for filing a request for leave to intervene pursuant to Rule 68 of the Competition Tribunal Rules;
[4] AND FURTHER TO reading the notice of motion and the affidavit of Margaret Wiebe sworn on January 11, 2006, filed in support of the motion;
[5] AND FURTHER TO the consent of the applicant and each of the respondents to the motion brought by the Canadian Wheat Board for an order to extend the time for filing a request for leave to intervene;
[6] AND UPON determining that the Canadian Wheat Board’s motion should be granted; THE TRIBUNAL ORDERS THAT: [7] The motion of the Canadian Wheat Board for an extension of time is granted and its request for leave to intervene dated January 3, 2006, is accepted for filing as of January 4, 2006.
[8] Any response to the Canadian Wheat Board’s request for leave to intervene shall be served and filed by January 27, 2006.
DATED at Ottawa, this 13 th day of January 2006. SIGNED on behalf of the Tribunal by the Chairperson of the Tribunal (s) Sandra J. Simpson
COUNSEL: For the applicant: Commissioner of Competition André Brantz Jonathan Chaplan Valérie Chénard
For the respondents: Saskatchewan Wheat Pool Inc. 6362681 Canada Ltd. and 6362699 Canada Ltd.
Peter Bergbusch Glen Lekach
James Richardson International Limited Adam F. Fanaki Robert Russell
For the applicant on motion: Canadian Wheat Board James E. McLandress Margaret I. Wiebe