Case Documents

Citation: Canada (Commissioner of Competition) v Rogers Communications Inc. and Shaw Communications Inc. , 20 22 Comp Trib 14

File No.: CT- 2022-002

Registry Document No.: 189

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;

Date of hearing: August 26, 2022

Before: Mr. Chief Justice Paul S. Crampton (Presiding Member)

Date of Order: August 26, 2022

ORDER REGARDING THE ADMISSION FOR FILING OF FRESH AS AMENDED RESPONSES FROM THE RESPONDENTS

UPON considering correspondence, dated August 25, 2022, from the Commissioner of Competition (“Commissioner”) submitting that the Fresh as Amended Responses from the respondents Shaw Communications Inc. (“Shaw”) and Rogers Communications Inc. (“Rogers”, and together with Shaw, the “Respondents”) should not be accepted for filing unless and until a motion is duly filed and other parties have had a chance to respond thereto;

AND UPON considering the response, dated August 26, 2022, submitted on behalf of the Respondents;

AND UPON considering that the issue of amended pleadings was discussed at a Case Management Conference on August 4, 2022, during which I indicated to the Respondents that I was sympathetic to the Commissioner’s position that amendments to pleadings ought to be made;

AND UPON considering that the Respondents then represented, during the Case Management Conference, that they would submit amended pleadings expeditiously in light of the time pressures that were discussed during the hearing;

AND UPON considering that the Commissioner observed that such representations were “helpful”;

AND UPON considering that the Commissioner then served Amended Replies on August 15, 2022;

AND UPON considering that requiring the Respondents to file a motion before their amended pleadings are accepted for filing would divert time away from other important matters that they and the Commissioner are focusing upon in an already full and tight schedule;

AND UPON considering Rule 34(1) of the Competition Tribunal Rules, SOR/2008-141;

AND UPON considering Rule 55 of the Federal Courts Rules, SOR/98-106;

THE TRIBUNAL ORDERS as follows:

[1] The Fresh as Amended Responses from Shaw and Rogers be accepted for filing;

[2] There is no order as to costs.

COUNSEL OF RECORD:

For the applicant:

For the respondents:

Shaw Communications Inc.

Kent E. Thomson

Derek D. Ricci

Steven G. Frankel

John Bodrug

For the intervenors: