Competition Tribunal
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Tribunal de la concurrence
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File No.: CT-2023-003
Registry Document No.: 17
BETWEEN:
Commissioner of Competition
(applicant) and
Cineplex Inc.
(respondent)
Date of case management conference: July 27, 2023
Before: Mr. Justice Andrew D. Little (Chairperson)
Date of order: August 31, 2023
SCHEDULING ORDER
[1] FURTHER TO an application filed by the Commissioner of Competition (the “Applicant” or the “Commissioner”) on May 18, 2023 against Cineplex Inc. (the “Respondent” or “Cineplex”) (collectively, the “Parties”) for an order under sections 74.01 and 74.1 of the Competition Act, RSC 1985, c C-34 (the “Application”);
[2] AND CONSIDERING the Tribunal’s Practice Direction Regarding Timelines and Scheduling for Proceedings before the Tribunal (the “Timelines Direction”);
[3] AND CONSIDERING the discussions prior and during a Case Management Conference held on July 27, 2023; the Parties’ submission, on August 22, 2023, of a joint proposed schedule for the pre-hearing steps and the hearing of the Application; the Tribunal’s suggestions on August 23, 2023, for revisions to the Parties’ proposal; and the Parties’ agreement to the Tribunal’s revisions as confirmed on August 30, 2023;
[4] AND BEING SATISFIED that the schedule in this Order is appropriate for the proceeding and that it 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, August 18, 2023 Service of Affidavits of Documents and delivery of
documents by both Parties
Thursday, August 31, 2023 Deadline for filing any motions arising from Affidavits of
Documents and/or productions, including motions challenging claims of privilege
Thursday, September 7, 2023 Hearing of any motions arising from Affidavits of
Documents, productions and/or claims of privilege
Thursday, September 14, 2023 Deadline for delivery of any additional productions resulting from any Orders on Affidavits of Documents productions and/or claims of privilege motions (or such other date as may be ordered by the Tribunal)
Thursday, October 12, 2023 – Examinations for discovery
Tuesday, October 17, 2023
The Applicant will have two days of examinations for discovery on October 12 and October 13, 2023. The Respondent expects to have one day of examinations for discovery on October 16 or 17, 2023
The Tribunal will have a judicial member available on dates and at times to be agreed to with counsel for the Parties to rule on objections arising during the examinations for discovery
Tuesday, November 14, 2023 Deadline for fulfilling answers to discovery undertakings
Thursday, November 16, 2023 Case Management Conference (if required)
Monday, November 20, 2023 Deadline for filing any motions arising from examinations for discovery, answers to undertakings or refusals
Tuesday, November 28, 2023 Hearing of any motions arising from examinations for discovery, answers to undertakings or refusals
Friday, December 1, 2023 Parties to exchange proposed Agreed Statements of Fact
Deadline to serve and file Requests to Admit
Thursday, December 7, 2023 Last day for follow-up examinations for discovery arising from undertakings given
Friday, December 8, 2023 Case Management Conference (if required)
Friday, December 15, 2023 Deadline for responding to any Requests to Admit
Monday, January 8, 2024 Applicant to serve documents relied upon and witness
statements
Applicant to serve and file expert report(s), if any
Applicant to serve list of documents proposed to be admitted without proof, if any
Witness statements and experts reports to include confidentiality designations; confidentiality designations shall be supported by affidavit evidence justifying confidentiality designations, and the affidavit evidence shall be filed with the Tribunal
Friday, January 12, 2024 Respondent to serve documents relied upon and witness
statements.
Respondent to serve and file expert report(s), if any, on all matters
Witness statements and expert reports to include confidentiality designations; confidentiality designations shall be supported by affidavit evidence justifying confidentiality designations, and the affidavit evidence shall be filed with the Tribunal
Wednesday, January 17, 2024 Deadline for Parties to exchange Mediation Briefs and to deliver them to the Mediator via the Tribunal Registry
Monday, January 22, 2024 Mediation
Monday, January 29, 2024 Applicant to serve reply documents relied upon and reply
witness statements
Applicant to serve and file reply expert report(s), if any
Reply witness statements and expert reports to include confidentiality designations; confidentiality designations shall be supported by affidavit evidence justifying confidentiality designations, and the affidavit evidence shall be filed with the Tribunal
Friday, February 2, 2024 Deadline for filing any motions related to the evidence
(documents relied upon, witness statements and expert reports, and confidentiality designations)
Deadline to provide witness statements to the Tribunal
Monday, February 5, 2024 Noon (12 pm) deadline to provide documents to the Tribunal for use at the hearing (e.g., Agreed Books of Documents and Joint Briefs of Authorities), including read-ins from examinations for discovery
Deadline for delivering any Agreed Statement of Facts
Wednesday, February 7, 2024 Hearing of any motions related to the evidence
(documents relied upon, witness statements and expert reports, and confidentiality designations)
The Tribunal will also hear Parties’ submissions on their respective proposed confidentiality designations to determine whether they should be maintained
Friday, February 9, 2024 Pre-hearing Case Management Conference (if required)
[6] The evidentiary portion of the hearing of the Application shall commence at 10:00 am on Wednesday, February 14 and conclude on Wednesday, February 21, 2024, in person in the Hearing Room of the Tribunal located at 600-90 Sparks Street, Ottawa. The Tribunal will not sit on Monday, February 19, 2024.
[7] Parties will serve and file written argument as directed by the Tribunal (but no later than noon on Monday, February 26, 2024).The Tribunal will hear oral argument on Wednesday, February 28th and Thursday, February 29, 2024, in person in the Hearing Room of the Tribunal located at 600‑90 Sparks Street, Ottawa.
DATED at Ottawa this 31st day of August 2023
SIGNED on behalf of the Tribunal by the Chairperson.
(s) Andrew D. Little
COUNSEL OF RECORD:
For the applicant:
Commissioner of Competition Jonathan Hood
Irene Cybulsky
Adam Newman
For the respondent:
Cineplex Inc.
Robert S. Russell
Martin Abadi
Joshua Abaki
Raymond Ashurov