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Competition Tribunal |
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Tribunal de la concurrence |
Citation: Commissioner of Competition v Canada’s Wonderland Company, 2025 Comp Trib 13
File No.: CT-2025-001
Registry Document No.: 14
IN THE MATTER OF the Competition Act, RSC 1985, c C-34 as amended;
AND IN THE MATTER OF an application by the Commissioner of Competition for an order pursuant to section 74.1 of the Competition Act regarding conduct reviewable pursuant to paragraph 74.01(1)(a) and as clarified for greater certainty by subsection 74.01(1.1) of the Competition Act;
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Commissioner of Competition (applicant) and Canada’s Wonderland Company (respondent) |
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Date of case management conference: August 13, 2025
Before: Madam Justice J. Gagné (Presiding Member)
Date of order: August 13, 2025
SCHEDULING ORDER
[1] FURTHER TO an application filed by the Commissioner of Competition (the “Applicant”) on May 5, 2025, against Canada’s Wonderland Company (the “Respondent”; collectively, the “Parties”), for an order pursuant to section 74.1 of the Competition Act, RSC, c C-34, as amended (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 Parties’ proposed joint schedule dated July 10, 2025, for the pre‑hearing steps and the hearing of the Application; and the discussions that took place during a Case Management Conference held on August 13, 2025;
[4] AND BEING SATISFIED that the schedule in this 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, October 17, 2025 Service of Affidavits of Documents and delivery of documents by both Parties
Monday, October 27, 2025 Deadline for filing any motions arising from Affidavits of
Documents and/or productions, including motions challenging claims of privilege
Thursday, November 13, 2025 Hearing of any motions arising from Affidavits of
Documents, productions and/or claims of privilege
Thursday, December 4, 2025 Deadline for delivery of any additional productions resulting from any Affidavits of Documents, productions and/or claims of privilege motions
Tuesday, December 9, 2025 – Examinations for discovery according to a schedule to be
Friday, December 19, 2025 settled between counsel
Counsel for each Party shall have a maximum of two (2) days to conduct oral examination for discovery of a representative of the other Party
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
Monday, January 26, 2026 Deadline for fulfilling answers to discovery undertakings
Friday, February 6, 2026 Deadline for filing any motions arising from examinations for discovery, answers to undertakings or refusals
Friday, February 13, 2026 Deadline for Parties to exchange Mediation Briefs and to deliver them to the Mediator via the Tribunal Registry
Tuesday, February 17, 2026 Hearing of any motions arising from examinations for discovery, answers to undertakings or refusals
Wednesday, February 25, 2026 Mediation
Tuesday, March 3, 2026 Deadline for Parties to deliver any additional undertakings ordered
Monday, March 9, 2026 Last day for follow-up examinations for discovery arising from undertakings given
Friday, March 27, 2026 Deadline to serve and file any Requests to Admit
Friday, April 17, 2026 Deadline to serve responses to any Requests to Admit
Monday, April 27, 2026 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 further proof, if any
Witness statements and expert report(s) 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
Tuesday, June 23, 2026 Respondent to serve documents relied upon and witness
statements
Respondent to serve and file expert report(s), if any
Witness statements and expert report(s) 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, July 17, 2026 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 report(s) 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, July 24, 2026 Parties to exchange proposed Agreed Statements of Fact
Monday, July 27, 2026 Pre-hearing Case Management Conference (if required)
Friday, July 31, 2026 Noon (12pm) 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 Agreed Statement of Facts
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
Tuesday, August 25, 2026 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
[6] Unless the parties and the Tribunal agree otherwise, the Tribunal shall hear all motions virtually;
[7] The evidentiary portion of the hearing of the Application shall be held in person, in Toronto, Ontario, at a location to be determined. The hearing shall commence at 10:00 am on Monday, September 14, 2026, and conclude on Friday, September 18, 2026;
[8] Parties will serve and file written argument as directed by the Tribunal (but no later than noon on Monday, September 28, 2026). The Tribunal will hear oral argument on Monday, October 5, and Tuesday, October 6, 2026, in person, in Toronto, Ontario.
DATED at Ottawa this 13th day of August, 2025
SIGNED on behalf of the Tribunal by the Presiding Member.
(s) Jocelyne Gagné
COUNSEL OF RECORD:
For the applicant:
Commissioner of Competition
Jonathan Hood
Reema Mahbubani
For the respondent:
Canada’s Wonderland Company
Antonio Di Domenico
Huy Do
Caroline Youdan
David Ziegler
Anastasia Reklitis