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Tribunal de la concurrence
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Registry Doc. No.: 138
Date: December 1, 2020
Matter: CT-2019-005 – The Commissioner of Competition v Parrish & Heimbecker, Limited
Direction to Counsel (from Mr. Justice Gascon, Chairperson)
FURTHER TO the Tribunal’s Direction issued on November 13, 2020;
AND UPON CONSIDERING the November 27, 2020 email from counsel for the Commissioner of Competition (“Commissioner”) requesting that the identities of five farmer witnesses be designated as confidential “Level B Protected” (as the term is defined in the Confidentiality Order of March 4, 2020);
AND UPON CONSIDERING the November 27, 2020 and November 30, 2020 letters from counsel for Parrish & Heimbecker, Limited (“P & H”) submitting that the Commissioner’s request ought to be made by way of a motion with a proper evidentiary record;
AND UPON CONSIDERING the November 30, 2020 letter from counsel for the Commissioner;
THE TRIBUNAL DIRECTS AS FOLLOWS:
In order for the Tribunal to determine whether the Commissioner’s confidentiality requests for the five farmer witnesses should be granted, the Commissioner shall file a formal motion with supporting affidavits and any other evidence.
The Commissioner shall serve and file his motion record and memorandum of fact and law by 4:30 p.m. on Monday, December 7, 2020.
P & H shall serve and file its responding record and its memorandum of fact and law by 4:30 p.m. on Friday, December 11, 2020.
Should a hearing be needed for this motion, it shall be held by video conference during the week of December 14, 2020, at a time to be determined by the Tribunal at a case management conference.
Annie Ruhlmann
Registry Officer
Competition Tribunal
600-90 Sparks, Ottawa ON K1P 5B4
Tel.: 613-941-2440