OFFICIAL ENGLISH TRANSLATION
Citation: Commissioner of Competition v RONA INC., 2005 Comp Trib 4
File No: CT-2003-007
Registry Document No: 103
IN THE MATTER OF the Competition Act, R.S.C. 1985, c C-34, and its amendments;
AND IN THE MATTER OF the acquisition of Réno-Dépôt Inc. by RONA Inc.;
AND IN THE MATTER OF an application to vary a consent agreement under subsection 106(1) of the Competition Act.
BETWEEN:
THE COMMISSIONER OF COMPETITION
(moving party)
and
RONA INC.
(responding party)
and
ERNST & YOUNG ORENDA CORPORATE FINANCE INC.
(third party)
Date of hearing by conference call: February 1 and 2, 2005
Before: Blais J.
Date of order: February 3, 2005
Order signed by: Mr. Justice Blais
ORDER TO SCHEDULE THE MOTION
FILED BY THE COMMISSIONER OF COMPETITION ON JANUARY 21, 2005,
AMENDED ON JANUARY 28, 2005
[1] FURTHER TO the motion filed by the Commissioner of Competition (the “Commissioner”) pursuant to subsection 72(1) and section 49 of the Competition Tribunal Rules, SOR/94-290, and their amendments, and paragraph 221(f) of the Federal Courts Rules, 1998, SOR/98-106, for:
(a) the striking out of the notice of application filed pursuant to section 106 of the Competition Act through which RONA is seeking rescission of the consent agreement registered with the Tribunal on September 4, 2003, and regarding the divestiture of the Réno-Dépôt in Sherbrooke; or
(b) in the alternative, if the striking out of the notice is denied, an order establishing an expedited timetable for a ruling on the application.
[2] AND WHEREAS the parties, through their respective counsel, have agreed to the motion filed by the Commissioner being presented on February 21, 2005, and to the Tribunal issuing this order.
THE TRIBUNAL ORDERS THAT:
[3] Rona will file and serve the reply affidavit(s) on February 10, 2005.
[4] Rona will file and serve a reply memorandum of fact and law on February 14, 2005.
[5] As necessary, cross-examinations on the affidavits will take place on February 15 and 16, 2005.
[6] The motion to strike Rona’s application pursuant to section 106 will be heard at 9:30 a.m. on Monday, February 21, 2005, at the Federal Court offices located at 30 McGill Street in Montréal. Two days (February 21 and 22, 2005) are scheduled for the hearing on the motion.
DATED at Ottawa, this 3rd day of February 2005.
SIGNED on behalf of the Tribunal by the presiding judicial member.
(s) Pierre Blais
Certified true translation
Johanna Kratz
REPRESENTATIVES
For the moving party:
Diane Pelletier
André Brantz
For the responding party:
Martha A. Healey
Eric Lefebvre
For the third party:
Louis Martin-O’Neil
Joseph Jarjour