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 Dennis Washington and K & K Enterprises acquired a significant interest in, and propose to acquire control of, Seaspan International Ltd.;
AND IN THE MATTER of the merger whereby Dennis Washington acquired Norsk Pacific Steamship Company, Limited;
B E T W E E N: The Director of Investigation and Research Applicant - and - Dennis Washington K & K Enterprises Seaspan International Ltd. Genstar Capital Corporation TD Capital Group Ltd. Coal Island Ltd. 314873 B.C. Ltd. C.H. Cates and Sons Ltd. Management Shareholders Preference Shareholders Norsk Pacific Steamship Company, Limited Fletcher Challenge Limited
Respondents ORDER GRANTING LEAVE TO AMEND APPLICATION ╶─────────────────────────────────────────────
Tribunal de la Concurrence CT - 1996 / 001 – Doc # 187
Decided on the basis of the written record. Member: McKeown J. Counsel for the Applicant: Director of Investigation and Research John S. Tyhurst Counsel for the Respondents: Dennis Washington K & K Enterprises C.H. Cates and Sons Ltd. Norsk Pacific Steamship Company, Limited Seaspan International Ltd.
Douglas G. Morrison Fletcher Challenge Limited Nando De Luca
COMPETITION TRIBUNAL ORDER GRANTING LEAVE TO AMEND APPLICATION ──────────────────────────────────────────────────
Director of Investigation and Research v. Dennis Washington et al.
FURTHER TO the motion by the Director of Investigation and Research for an order granting leave to amend her application;
AND FURTHER TO the draft Second Amended Notice of Application served and filed on December 12, 1996;
AND ON CONSENT of the respondents Dennis Washington, K&K Enterprises, Seaspan International Ltd., C.H. Cates and Sons Ltd., Norsk Pacific Steamship Company, Limited and Fletcher Challenge Limited;
AND ON CONSIDERING that the motion has not been contested by any other respondent;
THE TRIBUNAL ORDERS THAT the motion to amend the notice of application in the manner indicated is granted. The Second Amended Notice of Application shall be considered served and filed as of December 17, 1996.
DATED at Ottawa, this 17 th day of December, 1996. SIGNED on behalf of the Tribunal by the presiding judge.
(s) W.P. McKeown W.P. McKeown