Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. P.V.I. International Inc., 2001 Comp. Trib. 037 File no.: CT2001001 Registry document no.: 068
IN THE MATTER OF the Competition Act, R.S.C., 1985, c. C-34, as amended; AND IN THE MATTER OF an inquiry pursuant to subparagraph 10(1)(b)(ii) of the Competition Act relating to the marketing practices of P.V.I. International Inc.;
AND IN THE MATTER OF an application by the Commissioner of Competition for an order pursuant to section 74.1 of the Competition Act.
B E T W E E N: The Commissioner of Competition (applicant)
and P.V.I. International Inc. Michael Golka and Darren Golka (respondents)
Decided on the basis of the written record. Member: McKeown J. (Chairman) Date of reasons and order: 20011102 Reasons and order signed by: McKeown J.
ORDER AND REASONS ON MOTION
[1] The motion to allow the Respondents to add new evidence is dismissed. [2] The motion to allow the Respondents an additional three weeks to file their Closing Statement is allowed in part. The Respondents are allowed until November 12, 2001, to file their Closing Statement.
[3] The Respondents are too late in raising this motion to allow new evidence. The hearing was concluded two months ago and they are seeking to introduce evidence on a point which was in issue. The Applicant has also submitted his final submissions. There must be finality to proceedings. Accordingly, the motion to allow new evidence to be introduced is dismissed.
DATED at Ottawa, this 2 nd day of November, 2001. SIGNED on behalf of the Tribunal by the presiding Judicial member. (s) W.P. McKeown
COUNSEL: For the applicant: The Commissioner of Competition John Syme For the respondents: P.V.I. International Inc. Michael Golka and Darren Golka
Michael Golka Joel Robinson