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COMPETITION TRIBUNAL

IN THE MATTER of an application by the Commissioner of Competition under section 79 of the Competition Act, R.S.C. 1985, c.C-34;

AND IN THE MATTER OF the Regulations Respecting Anti-Competitive Acts of Persons Operating a Domestic Service, SOR/2000-324 made pursuant to subsection 78(2) of the Competition Act;

AND IN THE MATTER of certain practices of anti-competitive acts by Air Canada BETWEEN: The Commissioner of Competition Air Canada WestJet Airlines Ltd.

NOTICE OF DISCONTINUANCE THE APPLICANT, The Commissioner of Competition, wholly discontinues this Application without costs with the agreement of the Respondent, Air Canada. October 29, 2004

Donald B. Houston Telephone: (416) 863-4620 Facsimile: (416) 863-4592 Solicitors for the Commissioner of Competition

Notice of Discontinuance (Competition Tribunal).DOC

Court File No. CT2001002

Applicant - and -Respondent - and-Intervenor

FRASER MILNER CASGRAIN LLP Barristers & Solicitors 1 First Canadian Place 100 King Street West Toronto, Ontario M5X 1B2

2. To: STlKEMAN, ELLIOTT LLP Barristers & Solicitors Suite 5300, Commerce Court West 199 Bay Street Toronto, Ontario M5L 1B9

Katherine L. Kay Telephone: (416) 869-5507 Facsimile: (416) 947-0866 Solicitors for the Respondent, Air Canada AND TO: BURNETT, DUCKWORTH & PALMER Barristers & Solicitors Suite 1400 350-7th Street S.W. Calgary, Alberta T2P 3N9

Mr. Daniel J. McDonald, Q.C. Telephone: (403) 260-5724 Facsimile: (403) 260-0332 Solicitors for the Intervenor, WestJet Airlines Ltd.

Notice of Discontinuance (Competition Tribunal).DOC

Court File No. CT2001002 COMPETITION TRIBUNAL IN THE MATTER of an application by the Commissioner of Competition under section 79 of the Competition Act, R.S.C. 1985, c.C-34;

AND IN THE MATTER OF the Regulations Respecting Anti-Competitive Acts of Persons Operating a Domestic Service, SOR/2000-324 made pursuant to subsection 78(2) of the Competition Act;

AND IN THE MATTER of certain practices of anti-competitive acts by Air Canada

BETWEEN: The Commissioner of Competition Applicant - and-Air Canada Respondent - and-WestJet Airlines Ltd. Intervenor

NOTICE OF DISCONTINUANCE FRASER MILNER CASGRAIN LLP Barristers & Solicitors Suite 3900 l First Canadian Place 100 King Street West Toronto, Ontario M5X 1B2

Donald B. Houston Telephone: (416) 863-4620 Facsimile: (416) 863-4592

Solicitors for the Commissioner of Competition

Notice of Discontinuance (Competition Tribunal).DOC

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