PUBLIC CT-2011-003 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, as amended; IN THE MATTER OF an application by the Commissioner of Competition pursuant to section 79 of the Competition Act;
AND IN THE MATTER OF certain rules, policies and agreements relating to the multiple listing service of the Toronto Real Estate Board.
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant - and -
THE TORONTO REAL ESTATE BOARD Respondent - and -
THE CANADIAN REAL ESTATE ASSOCIATION Intervenor THIRD WITNESS STATEMENT OF MARK ENCHIN I, Mark Enchin, of the City of Guelph, in the Province of Ontario, state as follows: 1. I am Realtor and a member of the Guelph & District Association of Realtors. I am a sales representative with Realty Executives Plus Ltd. I have been actively involved in the real estate industry for about the last twenty-five years.
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2. I gave evidence at the hearing in this matter held in September and October 2012 (the "Initial Hearing"). This witness statement updates the evidence I gave at the Initial Hearing with events that have happened since that time. 3. At the Initial Hearing, I gave evidence of a VOW I was developing with the help of Adpioneers, an interactive performance agency in downtown Toronto that specializes in website development. Adpioneers kept pushing back the expected completion date and my VOW was not complete when I testified at the Initial Hearing. Unfortunately, Adpioneers admitted in October 2012 after I testified at the Initial Hearing that it lacked the expertise to complete the VOW and we ended our working relationship. 4. After Adpioneers, I began working with a student from the University of Waterloo who a professor there recommended to me. We worked together to develop my VOW until the student graduated and moved to Seattle to work for Amazon. Although I hoped he could put the finishing touches on the VOW from Seattle, his work at Amazon has kept him far too busy to complete my VOW. 5. With another software developer having departed and me having invested an additional $60,000 to $80,000 since the Initial Hearing, I decided to pause investing money in a concept I still firmly believed in, but which was proving difficult to complete.
PUBLIC
PUBLIC - 3-6. I have only recently resumed development. I am working with a new software developer and I hope to have a trial version of the VOW completed by the end ofFebruary 2015. SIGNED THIS Z, DAY OF MARKENCHIN
PUBLIC File No. CT-2011-003
THE COMPETITION TRIBUNAL THE COMMISSIONER OF COMPETITION
THE TORONTO REAL ESTATE BOARD Respondent - and -
THE CANADIAN REAL ESTATE ASSOCIATION
THIRD WITNESS STATEMENT OF
BENNETT JONES LLP Suite 3400, P.O. Box 130 One First Canadian Place Toronto, ON M5X 1A4
John F. Rook, Q.C. (LSUC #13786N) Tel: (416) 777-4885 Andrew D. Little (LSUC #34768T) Tel: (416) 777-4808 Emrys Davis (LSUC #57391B) Tel: (416) 777-6242 Fax: (416) 863-1716
Counsel for the Commissioner of Competition
Applicant - and -
Intervenor
MARK ENCHIN