Competition Tribunal Tribunal de la Concurrence Reference: Quinlan’s of Huntsville Inc. v. Fred Deeley Imports Ltd., 2004 Comp. Trib. 19 File no.: CT2004009 Registry Document no.: 0023a
IN THE MATTER OF a motion for leave to file a supplementary affidavit of Jim Quinlan dated September 8, 2004.
B E T W E E N : Quinlan’s of Huntsville Inc. (applicant)
and Fred Deeley Imports Ltd. (respondent)
Member: Simpson J. (Chairperson) Date of Order: September 10, 2004 Order signed by: Simpson J.
ORDER ON MOTION FOR LEAVE TO FILE SUPPLEMENTARY AFFIDAVIT OF JIM QUINLAN DATED SEPTEMBER 8, 2004
ORDER [1] UPON the applicant’s motion for leave to file a Supplementary Affidavit of Jim Quinlan dated September 8, 2004 and for an Interim Order requiring the respondent to supply Harley-Davidson products;
[2] AND UPON reading the material filed and hearing the submissions of counsel for both parties on the motion for leave by teleconference on September 8, 2004;
[3] AND UPON concluding, for the reasons issued this day, that leave should be granted. NOW THEREFORE THIS TRIBUNAL ORDERS THAT: 1. The motion for an Interim Order is adjourned sine die. 2. The motion for leave is granted and the Supplementary Affidavit is to be unsealed and filed.
3. Leave is given to counsel for Fred Deeley Imports Ltd. (FDI) to cross-examine Jim Quinlan on the Supplementary Affidavit. This is to occur as soon as possible on a date and at a place which is convenient for both parties.
4. FDI is to have its costs of this motion and its cross-examination. These costs are hereby fixed at $1,500. and are payable forthwith.
DATED at Ottawa, this 9 th day of September, 2004. SIGNED on behalf of the Tribunal by the presiding judicial member.
(s) Sandra J. Simpson
REPRESENTATIVES For the applicant: Quinlan’s of Huntsville Inc. Robert Rueter Andy Chan
For the respondent: Fred Deeley Imports Ltd. R. Seumas M. Woods Christopher Hersh Matthew Horner