Competition Tribunal Tribunal de la Concurrence Reference: Burns Lake Native Development Corporation et al. v. Commissioner of Competition, West Fraser Co. Ltd. and West Fraser Mills Ltd., 2005 Comp. Trib. 14 File No. CT2004013 Registry Document No. 15
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF sections 3 and 49 of the Competition Tribunal Rules, SOR/94-290; AND IN THE MATTER OF an application under section 106(2) of the Competition Act by Burns Lake Native Development Corporation, Lake Babine Nation, Burns Lake Band, Nee Tahi Buhn Indian Band to rescind or vary the Consent Agreement between the Commissioner of Competition and West Fraser Co. Ltd. and West Fraser Mills Ltd. filed and registered with the Competition Tribunal on December 7, 2004, under section 105 of the Competition Act.
B E T W E E N: Burns Lake Development Corporation, Council of Lake Babine Nation and Emma Palmantier, on her own behalf and on behalf of all Members of Lake Babine Nation, Council of Burns Lake Band and Council of Nee Tahi Buhn Indian Band and Ray Morris, on his own behalf and on behalf of all Members of Nee Tahi Buhn Indian Band (applicants)
and The Commissioner of Competition, West Fraser Timber Co. Ltd. and West Fraser Mills Ltd. (respondents)
Date of conference call: April 13, 2005 Member: Simpson J. (Chairman) Date of order: April 14, 2005
ORDER FOLLOWING THE CASE MANAGEMENT CONFERENCE CALL HELD ON APRIL 13, 2005
UPON convening by conference call on April 13, 2005, the first case management hearing on the Reference filed by the Commissioner of Competition (the “Commissioner”) and dated April 4 th , 2005 concerning the Application filed by Burns Lake Development Corporation et al. (the “Applicants”) dated February 3 rd , 2005, amended February 11 th , 2005; AND UPON hearing submissions by Mr. Orestes Pasparakis, counsel for the Applicants, Ms. Melanie Aitken, counsel for the counsel for the Commissioner, and Mr. James Musgrove, counsel for West Fraser Timber Co. Ltd. And West Fraser Mills Ltd. (“West Fraser”);
AND UPON determining that the gap rule does not apply and that the Reference is the correct procedure, while reserving on the question on whether the content of the Reference is appropriate;
NOW THEREFORE THE TRIBUNAL RULES: Scheduling Order [1] The Competition Tribunal (the “Tribunal”) will hear a motion on the appropriateness of the contents of the Notice of Reference filed by the Commissioner dated April 4 th , 2005. [2] In preparation for that motion, the Applicants will serve and file a Notice of Motion and a Memorandum of Argument on or before Friday April 22 nd , 2005. [3] The Commissioner will serve and file a responding Memorandum of Argument on or before Friday, April 29 th , 2005. [4] West Fraser will serve and file a Memorandum of Argument, if any, on or before April 29 th , 2005. [5] The Applicants will serve and file a Reply, if any, on or before Wednesday, May 4 th , 2005. [6] The motion will be heard in Ottawa, at the premises of the Competition Tribunal, 600-90 Sparks Street, for a maximum of one day on Wednesday, May 18, 2005 at 10:00 a.m.
Procedure [7] The Commissioner is to serve and file a Response to the Application on or before Monday, April 18 th , 2005. The Commissioner need not serve or file a disclosure statement until further order.
[8] West Fraser need not serve or file a disclosure statement until further order. DATED at Ottawa, this 14 th day of April 2005. SIGNED on behalf of the Tribunal by the presiding judicial member.
(s) Sandra J. Simpson
REPRESENTATIVES: Applicants: Burns Lake Native Development Corp. et al.: Dany Asaf Michael Brown Orestes Pasparakis
Respondents: Commissioner of Competition: Duane Schippers Melanie Aitkin Derek Bell
West Fraser Timber Co. et al.: James Musgrove Larry Hughes