Competition Tribunal Tribunal de la Concurrence Reference: B-Filer Inc. v. The Bank of Nova Scotia, 2005 Comp. Trib. 49 File No.: CT-2005-006 Registry Document No.: 0082
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER OF an application by B-Filer Inc., B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc. for an interim order pursuant to section 104 of the Competition Act.
B E T W E E N : B-Filer Inc., B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc. (applicants)
and The Bank of Nova Scotia (respondent)
Date of hearing: 20051112 Judicial Member: Simpson J. (Chairperson) Date of Order: December 14, 2005 Order signed by: Madam Justice Sandra J. Simpson
ORDER DISMISSING THE APPLICATION FOR INTERIM RELIEF UNDER SECTION 104 OF THE COMPETITION ACT
[1] UPON the application to the Tribunal by B-Filer Inc., B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc. (the "Applicants") for an interim order restoring the banking services which the Bank of Nova Scotia (the "Respondent") provided to the Applicants in May 2005;
[2] AND UPON noting that notice was given on May 11, 2005, that the banking services would be terminated;
[3] AND UPON further noting that the termination of bill payee services became effective on September 18, 2005, and that the Applicants' business accounts were closed on September 26, 2005 (together, the "Termination");
[4] AND UPON reviewing the material filed by the Applicants and the Respondent; [5] AND UPON hearing counsel for both parties in Ottawa on December 12, 2005; [6] AND UPON determining that there is insufficient evidence to establish that the Applicants would suffer irreparable harm by reason of the Termination if the interim relief were not granted;
[7] AND UPON observing that neither party has applied for costs; NOW THEREFORE THIS TRIBUNAL ORDERS THAT: [8] For reasons to follow, the application for an interim order is hereby dismissed.
DATED at Ottawa, this 14 th day of December, 2005. SIGNED on behalf of the Tribunal by the Chairperson of the Tribunal. (s) Sandra J. Simpson
APPEARANCES: For the Applicants B-Filer Inc., B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc.:
Ms Sharon Dalton Mr. Adam N. Atlas
For the Respondent Bank of Nova Scotia: Mr. F. Paul Morrison Ms. Lisa M. Constantine