| Competition Tribunal
|
|
Tribunal de la concurrence
|
Citation: Commissioner of Competition v GFL Environmental Inc., 2022 Comp Trib 2
File No.: CT-2021-006
Registry Document No.: 31
IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 92 of the Competition Act, RSC 1985, c C-34 as amended.
| BETWEEN:
Commissioner of Competition
(applicant)
and
GFL Environmental Inc.
(respondent)
|
|
Date of case management conference: February 7, 2022
Before: D. Gascon J. (Chairperson)
Date of order: February 11, 2022
SCHEDULING ORDER
[1] FURTHER TO the application (“Application”) filed on November 30, 2021 by the Commissioner of Competition (“Applicant”) against GFL Environmental Inc. (“Respondent”), pursuant to section 92 of the Competition Act, RSC 1985, c C-34, with respect to the acquisition by the Respondent of Terrapure Environmental Inc.;
[2] AND FURTHER TO the partially agreed timetable submitted by the parties on February 1, 2022 and to the discussions with counsel for both parties at a case management conference held on February 7, 2022;
[3] AND FURTHER TO the Tribunal’s Practice Direction Regarding Timelines and Scheduling for Proceedings before the Tribunal (“Timelines Direction”);
[4] AND WHEREAS the Tribunal is satisfied that the following scheduling order is appropriate and respects the principles found in subsection 9(2) of the Competition Tribunal Act, RSC 1985, c 19 (2nd supp), which direct the Tribunal to deal with all matters as informally and expeditiously as the circumstances and considerations of fairness permit, as well as the Timelines Direction;
THE TRIBUNAL ORDERS THAT:
[5] The schedule for the discovery and pre-hearing disclosure steps of the Application shall be as follows:
Friday, February 18, 2022 Deadline for exchanging and filing mediation briefs
Tuesday, March 1, 2022 Mediation
Thursday, April 14, 2022 Service of Affidavits of Documents and delivery of documents by both parties
Thursday, April 28, 2022 Deadline for filing any motions arising from Affidavits of Documents and/or productions, including motions challenging claims of privilege
Friday, May 13, 2022 Hearing of any motions arising from Affidavits of Documents, productions and/or claims of privilege
Wednesday, May 25, 2022 Deadline for delivering any additional productions resulting from any Affidavits of Documents, productions and/or claims of privilege motions
Monday, July 4, 2022 – Examinations for discovery according to a schedule to be
Friday, July 15, 2022 settled between counsel
Counsel for each party shall have a maximum of three (3) days to conduct oral examination for discovery of a representative of the other party
The Tribunal will have a judicial member available on dates to be agreed to with counsel for the parties to rule on objections arising during the examinations for discovery
Friday, July 29, 2022 Deadline for fulfilling answers to discovery undertakings
Friday, August 12, 2022 Deadline for filing any motions arising from examinations for discovery, answers to undertakings or refusals
Friday, August 19, 2022 Hearing of any motions arising from examinations for discovery, answers to undertakings or refusals
Friday, August 26, 2022 Last day for follow-up examinations for discovery
Tuesday, August 30, 2022 Case management conference on pre-hearing disclosure steps and preliminary issues, if any
Friday, September 16, 2022 Applicant to serve his documents relied upon and witness statements
Applicant to serve and file his expert report(s)
Applicant to serve his list of documents proposed to be admitted without proof
Monday, September 26, 2022 Deadline for filing any motions relating to challenges to the Applicant’s confidentiality designations
Tuesday, October 4, 2022 Hearing of any motions relating to challenges to the Applicant’s confidentiality designations
Friday, October 28, 2022 Respondent to serve its documents relied upon and witness statements
Respondent to serve and file its responding expert report(s) as well as its expert report(s) on efficiencies
Friday, November 4, 2022 Deadline for delivering any Requests for Admissions
Deadline for filing any motions relating to challenges to the Respondent’s confidentiality designations
Thursday, November 10, 2022 Hearing of any motions relating to challenges to the Respondent’s confidentiality designations
Monday, November 21, 2022 Applicant to serve his reply documents relied upon and reply witness statements
Applicant to serve and file his reply expert report(s) as well as his responding expert report(s) on efficiencies
Deadline for responding to any Requests for Admissions
Monday, December 5, 2022 Respondent to serve and file its reply expert report(s) on efficiencies
Friday, December 9, 2022 Deadline for exchanging and filing mediation briefs
Week of December 19, 2022 Mediation
Friday, January 20, 2023 Deadline for providing the Agreed Books of Documents to the Tribunal
Friday, January 20, 2023 Deadline for filing any motions related to the evidence (documents relied upon, witness statements and expert reports)
Deadline for providing the witness statements to the Tribunal
Tuesday, January 24, 2023 Pre-hearing case management conference
Monday, January 30, 2023 Hearing of any motions related to the evidence (documents relied upon, witness statements and expert reports)
Tuesday, February 7, 2023 Deadline for providing to the Tribunal the documents for use at the hearing (e.g., additions to the Agreed Books of Documents and Joint Books of Authorities), including read-ins from examinations for discovery
Deadline for delivering any Agreed Statement of Facts
[6] The hearing format for the motions contemplated at paragraph 5, for the rulings on objections arising from the examinations on discovery and for the case management conferences shall be by videoconference or in-person in the Hearing Room of the Tribunal located at 600-90 Sparks Street, Ottawa, and, in each case, shall be determined by the Tribunal after consultations with the parties.
[7] The evidentiary portion of the hearing of the Application shall commence at 10:00 a.m. on Monday, February 27, 2023 and is currently expected to be held in person in the Hearing Room of the Tribunal located at 600-90 Sparks Street, Ottawa. The schedule shall be as follows:
Monday, February 27, 2023 – First week of hearing (5 days)
Friday, March 3, 2023
Monday, March 6, 2023 – Second week of hearing (5 days)
Friday, March 10, 2023
Monday March 13, 2023 – Third week of hearing (4 days)
Thursday, March 16, 2023
[8] The Tribunal will direct the date for delivery of final written arguments and will hear oral arguments from Wednesday, March 29, 2023 to Friday, March 31, 2023 (3 days). The oral argument portion of the hearing is also expected to be held in person in the Hearing Room of the Tribunal located at 600-90 Sparks Street, Ottawa.
DATED at Ottawa, this 11th day of February 2022.
SIGNED on behalf of the Tribunal by the Chairperson.
(s) Denis Gascon
COUNSEL OF RECORD:
For the applicant:
The Commissioner of Competition
Suzanie Chua
Marie-Hélène Gay
Jonathan Bitran
For the respondent:
GFL Environmental Inc.
Katherine L. Kay
Danielle Royal
Sinzania R. Hennig
Hamza Mohamadhossen