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 the 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 REGARDING SCHEDULING _______________________________________________
Tribunal de la Concurrence CT-1996/002 – Doc # 81
Date of Consultation: April 1, 1997 Chairman: McKeown J. Counsel for the Applicant: Director of Investigation and Research Robert S. Russell Adam F. Fanaki
Counsel for the Respondents: Canadian Pacific Limited Canada Maritime Limited CP Containers (Bermuda) Limited 3041123 Canada Inc. Cast North America Inc.
Mark C. Katz Russell Cohen
Royal Bank of Canada Peter L. Roy Annie M. Finn
Counsel for the Intervenor: Montreal Port Corporation Gil Rémillard Luc Giroux
COMPETITION TRIBUNAL ORDER REGARDING SCHEDULING _________________________________________
The Director of Investigation and Research v. Canadian Pacific Limited et al.
FURTHER TO the proposed schedule and the addendum filed by the Director of Investigation and Research, the comments on the proposed schedule and the addendum filed by Canadian Pacific Limited, Canada Maritime Limited, CP Containers (Bermuda) Limited, 3041123 Canada Inc. and Cast North America Inc., and the comments on the proposed schedule filed by the Royal Bank of Canada; AND ON consulting with the parties; THE TRIBUNAL ORDERS THAT: 1. The hearing of the application shall commence on January 12, 1998 at 10:00 a.m. 2. The following schedule for pre-hearing procedures shall be followed: April 7, 1997 Pre-hearing Conference (Toronto) April 21, 1997 Montreal Port Corporation shall serve and file its affidavit of documents April 25, 1997 The pre-hearing conference that was to be held on April 23-24,
1997 is rescheduled and shall take place on April 25, 1997 at Toronto, Ontario
April 28, 1997 Exchange of documents listed in affidavits of documents to be completed; the Director to provide summaries of: statements from industry participants, transcripts of section 11 examinations, and documents in respect of which public interest privilege has been claimed
May 9, 1997 Montreal Port Corporation shall serve and file its supplementary affidavit of documents
May 14-15, 1997 Pre-hearing conference (Ottawa) re issues arising from documentary discovery to date; any preliminary issues regarding examinations for discovery
June 19, 1997 Pre-hearing Conference (Ottawa) re any outstanding issues arising from documentary discovery; venue of the hearing
June 24, 1997 Commencement of examinations for discovery September 15-16, 1997 Pre-hearing Conference (Ottawa) re issues arising from examinations for discovery
October 24, 1997 Examinations for discovery and section 11 examinations to be completed
November 17, 1997 Pre-hearing Conference (Ottawa) re conduct of the hearing December 5, 1997 Exchange of expert affidavits pursuant to section 47 of the Competition Tribunal Rules
December 19, 1997 Exchange of rebuttal expert affidavits pursuant to section 47 of the Competition Tribunal Rules
January 5, 1998 Filing of all expert affidavits pursuant to section 48 of the Competition Tribunal Rules
3. The pre-hearing conference on June 19, 1997 shall address matters regarding the venue of the hearing. Counsel for the parties and the intervenor shall serve and file by June 6, 1997 further submissions which specifically address issues related to witnesses, technological requirements, security and other matters which may impact on the venue. If at all possible, the submissions
shall be based upon an agreed statement of facts and, if not, counsel for the parties and the intervenor shall serve and file affidavit evidence related to appropriate hearing facilities available in Montreal, including the costs for the length of the hearing period, the cost of technological requirements and security issues.
4. In the event that due to the volume of documents Montreal Port Corporation is unable to file a complete affidavit of documents by May 9, 1997, the possibility of which the Tribunal expects Montreal Port Corporation to make every reasonable opportunity to avoid, Montreal Port Corporation may bring, prior to May 9, 1997, a motion for a short extension of time to file a further supplementary affidavit of documents. 5. It is understood that if in the course of the proceedings counsel for the parties agree that any of the pre-hearing conferences listed above become unnecessary, counsel shall so inform the Registrar. DATED at Ottawa, this 3 rd day of April, 1997. (s) W.P. McKeown Chairman