Competition Tribunal Tribunal de la Concurrence CT - 1990 / 001 – Doc # 28 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, as amended;
AND IN THE MATTER of the direct and indirect acquisitions by Southam Inc. of equity interests in the businesses of publishing The Vancouver Courier, the North Shore News and the Real Estate Weekly
B E T W E E N: The Director of Investigation and Research Applicant - and - Southam Inc. Lower Mainland Publishing Ltd. Rim Publishing Inc. Yellow Cedar Properties Ltd. North Shore Free Press Ltd. Specialty Publishers Inc. Elty Publications Ltd.
Respondents
ORDER REGARDING SCHEDULING OF PRE-HEARING PROCEDURES AND HEARING
COMPETITION TRIBUNAL ORDER REGARDING SCHEDULING OF PRE-HEARING PROCEDURES AND HEARING
The Director of Investigation and Research v. Southam Inc. et al.
FURTHER TO discussion with the parties in Ottawa on February 26, 1991; THIS TRIBUNAL ORDERS THAT: 1. The following schedule shall be observed for the expeditious disposition of the pre-hearing procedures in this application:
April 12, 1991 - Serve and File Affidavits of Documents: At the request of counsel for both parties the date required by the rules for the filing of their respective affidavits of documents is extended from March 28 to April 12, 1991. Counsel for the Director agreed to provide counsel for the respondent with a list of the kind of documents he expects to see produced by at the latest March 15, 1991.
April 23, 1991 - Serve and File Pre-Hearing Conference Memoranda April 26, 1991 - Pre-Hearing Conference May 1 - June 28, 1991 - Examination for Discovery: All discoveries are to be completed by June 28, 1991
July 8, 1991 - Serve and File Pre-Hearing Conference Memoranda
July 11, 1991 - Pre-Hearing Conference July 19, 1991 - Serve and File Expert Affidavits August 2, 1991 - Serve and File Expert Rebuttal Affidavits August 9, 1991 - Serve and File Expert Reply Affidavits August 16, 1991 - File Joint Book of Documents, Agreed Statement of Facts, Memoranda of Law, and Authorities
2. The hearing of this application shall commence on Wednesday, September 4, 1991 at 10:00 a.m. before the Competition Tribunal sitting at the Federal Court of Canada, 700 W. Georgia Street, Vancouver, British Columbia.
AND COUNSEL ARE HEREBY ADVISED THAT: 1. Any document which is not listed in a party's affidavit of documents, any examination for discovery which does not take place within the time period set out in paragraph 1, and any expert affidavit not filed within the time limits set out in paragraph 1 shall not be admitted as part of the evidence at the hearing of this application unless the Tribunal orders otherwise. Any such document or evidence shall not be admitted as part of the case of the party who is responsible for the failure to comply with this order unless unusual and compelling reasons are proved for that failure. The evidence may be admitted as part of the case for the party not responsible for the failure to comply if that party can demonstrate that it could not reasonably have known of the existence of the evidence at an earlier time. In the case of failure to complete examinations for discovery, the discovering party will be held responsible for a failure to
complete the discovery on time unless that party can demonstrate that an order requiring discovery of the individual sought to be discovered was obtained from the Tribunal in sufficient time to allow for such discovery and was disobeyed by the individual who was ordered to attend for discovery.
2. The joint book of documents should contain only documents which are to be adduced in evidence at the hearing of this application, and it should be indexed, tabbed and numbered consecutively.
3. Pre-hearing conferences have been scheduled in order to dispose of any outstanding issues between the parties which exist as of those dates (e.g. unanswered discovery questions). If there is no requirement for such conferences, they will be cancelled on notification from counsel that they are not required.
4. The commencement of the hearing of this application on September 4, 1991 will be strictly adhered to.
DATED at Ottawa, this 27 th day of February, 1991.
(s) B. Reed Chairman