File No.
COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34 (the “Act”);
AND IN THE MATTER OF an application by Standard Land Company Inc., and others for an order pursuant to section 103.1 of the Act granting leave to bring an application under section 79 of the Act;
AND IN THE MATTER OF an application by STANDARD LAND COMPANY INC., AND OTHERS for an order pursuant to section 79 of the Act;
BETWEEN:
STANDARD LAND COMPANY INC., Winston E. GASKIN as himself, as sole surviving shareholder, director and officer of Standard Land Company Inc. (and affiliates), and Yolanda T. ZEBKO of Irvine, California, partner to Winston E. GASKIN, and for the “Families of Standard Land”
APPLICANT AND And (Court seal) Edward ROGERS III, Melinda ROGERS-HIXON, the Estate of Loretta Anne ROGERS, Deceased, Rogers Communications Inc., “Rogers Communications (Canada) Inc.”, Rogers Wireless Partnership, Rogers Communications Partnership, Rogers Control Trust, Rogers Family Trust, all affiliates, directors, trustees, officers, agents and assigns, and others
AND
RESPONDENT
The owners and all others interested in The Ship Rogers Communications Inc., and her cargo and freight
AND
RESPONDENT
Attorney General of Canada, Canadian Human Rights Commission, Canada Revenue Agency, Competition Bureau Canada, as represented by His Majesty the King
THIRD PARTY
______________________________________________________ NOTICE OF APPLICATION FOR LEAVE (Pursuant to section 103.1 of the Competition Act) ____________________________________________________
TAKE NOTICE THAT:
1. The Applicant will make an application to the Competition Tribunal (“Tribunal”) on a date and time to be set by the Tribunal at Calgary, Alberta or such other place as may be agreed upon pursuant to section 103.1 of the Competition Act (the “Act”) seeking leave to bring an application for:
a. an Order pursuant to section 79(1) of the Act prohibiting Respondents for a period of 10 years prohibiting the Applicant from engaging in (i) any practices that pertain to the leasing, ownership, acquisition, operation, procurement, management or supply of telecommunications leasing or infrastructure ownership related to telecommunications and cable, fiber or data centres or other like assets in Western Canada whether on freehold or Crown lands in the provinces of Saskatchewan, Alberta, British Columbia,
Manitoba or such other provinces where the Respondent is found to be in violation pending investigation.
b. an additional or alternative Order pursuant to section 79(2) of the Act requiring Respondents, jointly and severally, to pay an administrative monetary penalty to the Applicant, or such other as the Applicant may reasonably request, within five business days of the Tribunal’s Order, and to require divestiture of assets of the Respondents both in rem and in personam in order to overcome the practices.
c. an Order pursuant to section 79(3.1) of the Act requiring Respondents, jointly and severally, to pay an administrative monetary penalty represented by the amount of revenue earned by Rogers Communications Inc. from all sites secured by the Applicant in Canada between September 1, 2013 and the date of the Order, multiplied by three, or such other amount or arrangement as the Applicant may request and the Tribunal deems just;
d. an Order for interim relief, in the amount of Forty Million $40,000,000.00 dollars, representing one-year of damages experienced by the Applicant using the formula described in “c” above, prior to completion of an investigation and to promote the interest of procedural fairness;
e. an Order expediting the hearing of the within Application;
f. an Order for costs of the within Application; and
g. such further and other orders as the Applicant may request and the Tribunal deems just upon review of the Applicant materials.
2. The persons against whom the orders are sought are the Respondents: Rogers Communications Inc., and others to be determined pending the results of an investigation.
3. The Applicant will rely on the Statement of Grounds and Material Facts attached as Schedule “A” to the Proposed Notice of Application; the Affidavit of Winston E. Gaskin sworn November 25, 2023 and all correspondence with the Applicant and the Competition Bureau’s law officers (2); the Memorandum of Fact and Law accompanying this Application; and such further or other material as counsel may advise and the Tribunal may permit including an appeal book record prepared by Fasken Martineau DuMoulin, counsel for Rogers Communications Inc. and presented to the Federal Court of Appeal in matter T-353-22 containing approximately 6800 pages of submissions relevant to this matter and an odd Dismissal Order dated April 14, 2023 by a Prothonotary / “Associate’ Judge, Catherine Coughlan, prohibited by law (Federal Courts Act & Rule 50 “a” thru “m”) without jurisdiction in the matters related to these Respondents with one exception.
4.The Applicant requests that this Application be heard in the English language.
5. That the Tribunal engage the Attorney General.
The Applicant requests that the documents for this Application be filed in electronic form.
Dated at CALGARY this 9th day of February, 2024.
Winston E. Gaskin
Winston E. Gaskin PO Box 30013 Calgary, Alberta T2H 2V8 phone: 403.617.3000 email: winstonegaskin@gmail.com
TO: RESPONDENT:
1. Rogers Communications Inc. c/o Legal Department 350 Bloor Street East, 6 th Floor Toronto, Ontario M4W 0A1 RogersLegal@rci.rogers.com
2. Rogers Communications Inc. c/o Fasken Bay Adelaide Centre 333 Bay St # 2400 Toronto, ON M5H 2T6 cpigott@fasken.com
THIRD PARTIES:
3. HIS MAJESTY THE KING Attorney General of Canada AGC_PGC_OTTAWA@JUSTICE.GC.CA
4. AND TO: Matthew Boswell Commissioner of Competition Competition Bureau 50 Victoria Street Gatineau, QC K1A 0C9 Tel: 819-997-4282