C-1-91/1
THE COMPETITION TRIBUNAL IN THE MATTER of an application by the r--;:::::::::=-----!:Director of Investigation and Research for ,,,: ~~;~~Pnm:m nmumAL rders pursuant to section 92 of the TtdJ~.~...\L Di: ~,~1 \ t,",'.,°,l . '.'.r.<.1.P\ '.~.' ~ il'r•'\'o".r& ' ' R • S • C • 1985 ' c • C - 34 ' as F I ~ mended; . . 0 L E F~ ~ 15 mm / 4· v u o IN THE lnl.6LJA'\.' TTER of th D e acqw·s 1· t·i on b y i---~.eG1~r~A_R - Rrn1srRA1r.s ~ illsdown Holdings (Canada) Limited of CTTAW/\, ONT. ·-v~ (a.J 56% of the common shares of Canada -------....:.'.~. .. "~(~ .:u:.upackers Inc. BETWEEN: THE DIRECTOR OF INVESTIGATION AND RESEARCH Applicant - and-
HILLSDOWN HOLDINGS (CANADA) LIMITED, MAPLE LEAF MILLS LIMITED, CANADA PACKERS INC. and ONTARIO RENDERING COMPANY LIMITED Respondents
AFFIDAVIT I, Russell Hopcroft, of the Town of Flamborough, in the Province of Ontario, MAKE OATH AND SAY AS FOLLOWS:
1. I was employed by Ontario Rendering Company Limited ("Orenco") for sixteen years prior to November 7, 1990, when my employment was terminated. Most recently, I held the position of Marketing Manager, primarily responsible for the sale of finished products from the rendering operation and was a member of Orenco's management team. Prior to that, I was responsible for all raw material acquisition and finished product sales for Orenco. As such, I have knowledge of the matters to which I hereinafter depose.
2. Subsequent to the acquisition by Hillsdown Holdings (Canada) Limited ("Hillsdown") of a controlling interest in Canada Packers Inc. ("CP"), I was advised by Pat Jones, at that time General Manager of Orenco, that an agreement had been entered into with the Bureau of Competition Policy (the "Bureau") whereby Hillsdown undertook to keep the operations of Orenco and Rothsay, the rendering division of Maple Leaf Mills Limited ("MLM"), separate pending the Bureau's review of the transaction.
2 3. In July of 1990, Mr. Jones, who formerly reported to a Vice President at CP, began reporting to Joe Kosalle, the person at MLM responsible for the rendering operations of Rothsay.
4. On November 5, 1990, Mr. Jones was appointed by MLM to the position of General Manager of the combined Orenco and Rothsay rendering business. A copy of the Announcement of Mr. Jones' appointment is attached as Exhibit "A" to this Affidavit.
5. On November 7, 1990, I was advised by Mr. Jones that my employment with Orenco was terminated effective that day. My responsibilities with Orenco were assumed by Vic Malta, the Ontario Marketing Manager for Rothsay.
6. Following my dismissal, I had discussions with Orenco employees and was informed and believe that Hillsdown has taken steps to integrate the collection routes of the Rothsay and Orenco operations. I do not know the extent to which the operations of Orenco and Rothsay have been further combined.
7. From my experience with Orenco, I believe that if Hillsdown completely integrates the operations of Rothsay and Orenco, including the elimination of separate records of the Orenco routes, customers and equipment, and disposes of Orenco trucks and other equipment used in its business, it will be very difficult, if not impossible, to restore the Orenco business to its state at the time of the Acquisition.
SWORN BEFORE ME at the Town ) of Flamborough, in the Province ) of Ontario, this 14th day of ) February, 1991. ) ) L / / 1 -:;;;-,~G~:? -'" } l . P ~ o ~ !L /~ A Commissioner, etc. ) Russell Hopcroft SIMON ANTHONY CLEMENTS, a Commissioner, etc., Province of Ontario, while a &tudent-at-law.
Expires: June 11, 1993.
ACl111USISltSJl Gao~;· 319 !\••OQtf#I ~ I. l ~I 9) 811·'400 Maple Leal Mills Limited S.J·te :lGO (411)&48·~0 Wa1•··c~. Q11:•ro0 PJ2J ~l(t '""' ($19) i'47•81I0 ---------------------··___..,, ==-.........,._,_,., _____ November 05, 1990 ~ ~11 Employ!!!!
I am pl~ased to announce the appoint~ent of Mr. Pat Jones as General Manager ot our ~enderin9 Company. lon~·term ernploye• of Cana~& Poc~er• and ha• been involved tor many years in the beet industry and rnott recently hAs ~een thA per~on most r~'ponsibl~ to~ th~ OR!NCO render1n9 facility h•r• in Ontario. Pat will De headquatttrtd at our Rendering CivisionAl office located in Moorefield, OntArio and will be reporting directly to my•elt tor this impocta~t are• of business for our new amal9a~ated company. I am sure all ot yeu will want to join m~ in welcoming Pat to his new '10Sit:i.on an~ i1ve h.lm the n~c•1t1.try suppol.·t to continue ir.akin9 the P.endu: in9 Coms;any •n .tntegra l ,.ar" of the Agrib'°'1iness Group of co~tpanie1 •. a.a. Ballantrne President CP/MIJil AGRIBUSINESS GROUP G8lh1h1
Pat is a ~l 11 nu ls EJ!IJblt A referred to "'Ifie affidavit of Ru~!?E LL HoR::eoFr sworn before me, this jL'( ~ d4\~Rm::- •; p;;•::U-,. C!OMlll19!tO!l!R, ttC. SIMON ANTHONY CLEMENTS, a Commissioner. etc.,, Province of Ontario, while a student:.at-law. Expires: June 11, 1993.