Competition Tribunal IN THE MATTER OF an application by the Director of Investigation and Research for orders pursuant to section 92 of the Competition Act, R.S.C. 1985, c. C-34;
AND IN THE MATTER OF the merger whereby CP Containers (Bermuda) Limited acquired certain assets held by The Cast Group Limited and of the acquisition by 3041123 Canada Inc. of all the shares of Cast North America Inc. by way of agreements entered into between or among Royal Bank of Canada, The Cast Group Limited, 3041123 Canada Inc., CP Containers (Bermuda) Limited and Canadian Pacific Limited.
B E T W E E N: The Director of Investigation and Research Applicant - and - Canadian Pacific Limited Canada Maritime Limited CP Containers (Bermuda) Limited 3041123 Canada Inc. Cast North America Inc. Royal Bank of Canada
Respondents - and - Montreal Port Corporation Intervenor ORDER OF SIMPSON J. DATED JULY 29, 1997 ADJOURNING THE RESPONDENTS’ MOTIONS CONCERNING THE REFUSAL BY THE DIRECTOR OF INVESTIGATION AND RESEARCH’S REPRESENTATIVE TO ANSWER CERTAIN QUESTIONS ON HIS EXAMINATION FOR DISCOVERY _____________________________________________________________________________
Tribunal de la Concurrence CT-1996/002 – Doc # 163a
Date of Pre-hearing Conference: July 29, 1997 Member: Simpson J. (presiding) Counsel for the Applicant: Director of Investigation and Research Benjamin T. Glustein Adam F. Fanaki
Counsel for the Respondents: Canadian Pacific Limited Canada Maritime Limited CP Containers (Bermuda) Limited 3041123 Canada Inc. Cast North America Inc.
Neil R. Finkelstein Brenda Hollingsworth Rocco Di Pucchio Russell Cohen
Royal Bank of Canada Peter L. Roy Annie M. Finn
Counsel for the Intervenor: Montreal Port Corporation Pierre Grenier
COMPETITION TRIBUNAL ORDER OF SIMPSON J. DATED JULY 29, 1997 ADJOURNING THE RESPONDENTS’ MOTIONS CONCERNING THE REFUSAL BY THE DIRECTOR OF INVESTIGATION AND RESEARCH’S REPRESENTATIVE TO ANSWER CERTAIN QUESTIONS ON HIS EXAMINATION FOR DISCOVERY _____________________________________________________________________________
The Director of Investigation and Research v. Canadian Pacific Limited et al.
UPON reading the written submissions filed by counsel for the Director of Investigation and Research ("Director") and by Canadian Pacific et al. ("CP") and by the Royal Bank of Canada ("RBC") on the issue of whether the respondents’ motions are "urgent" and therefore may be heard today because they fall within the exception for urgent matters in the Chairman's order of July 4, 1997;
AND UPON hearing brief oral submissions from counsel; AND UPON noting that counsel for the Director submits that the respondents’ motions are not urgent and that counsel for CP and RBC submit that they are urgent;
AND UPON determining that the said motions are not urgent; THE TRIBUNAL ORDERS THAT the said motions are hereby adjourned to the prehearing conference scheduled to commence on September 15, 1997 in Ottawa, Ontario.
DATED at Toronto, this 29 th day of July, 1997. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Sandra J. Simpson Sandra J. Simpson