Competition Tribunal File No: The Competition Tribunal In the matter of an Application by Safa Enterprises Inc. doing business as My Convenience Store for an order pursuant to Section 103.1 of the Competition Act, RSC 1985 c. C-34, as amended granting leave to bring an application pursuant to Section 76 of the Competition Act BETWEEN: Safa Enterprises Inc. Applicant AND: Imperial Tobacco Company Limited. Respondent NOTICE OF APPLICATION TAKE NOTICE THAT: 1) (a) The Applicant, Safa Enterprises Inc. ("SEI") is applying to the Competition Tribunal pursuant to Section 103.1 of the Competition Act, R.S.C. 1985, c. C-34, as amended (the "Act"), seeks an order under Section 76 of the Act, that the Respondent, Imperial Tobacco Company Limited (" ITCO" ) prohibit from continuing to discrim inate SEI of the low pricing policy awarded to SEl's direct competitor (New Hasty Market " NHM" ) and accept SEI as a customer on the "same discounted trade terms as SEl's direct competitor NHM", forthwith upon issuance; or
(b) Applicant SEI seeks and order from Tribunal direct Respondent ITCO to act according to the law and stop its discriminating policy and accept all the retailers across the board on similar trade terms unless the discounts awarded by the Respondent are volume discounts; and
(c) Costs of the application; and
(d) Compensation for the loss incurred in past, present and future by SEI through loss of business, loss of profit and distress caused due to discriminating policy of Respondent towards Applicant in final or interim orders as Competition Tribunal deems just; and
(e) In the event Competition Tribunal rules in favor of the Applicant, the Applicant would seek an opinion from the Tribunal if the conduct of the Respondent was/is criminal in nature.
AND TAKE NOTICE THAT: 2) The Applicant will rely on the Statement of Grounds and Material Facts attached hereto and on the Affidavit of Adnan Mustafa, sworn September 06, 2013.
3) The person against whom an order is sought is the respondent. Its address is set out below. 4) SEI will seek an interim order from the Competition Tribunal for the relief sought in this Application and directions from the Competition Tribunal for the expeditious hearing of this application.
5) Applicant request that this application proceed in English. 6) Applicant request that application be heard in Vancouver, British Columbia. 7) The Applicant requests that documents be filed in electronic form. Dated at Vancouver, Brit ish Columbia, this 6th day of September, 2013. Adnan Mustafa Manager Safa Enterprises Inc. 450 West Hastings Street Vancouver BC V6B lll Phone: 604-566-9161 Cell : 604-782-5465 Fax: 604-566-9836 email: adnan.must@yahoo.ca
ADDRESS FOR SERVICE TO : Registrar The Competi ion Tribunal Thomas D' Arey McGee Building 90 Sparks Street, Suite 600 Ottawa, On KlP 5B4 AND TO: John Pecman Interim Commissioner of Competition 50 Victoria Street Gatineau, Quebec KlA OC9 AND TO: Imperial Tobacco Company Limited 3711 Saint-Antoine Street Montreal, Quebec H4C 3P6 514-932-6161 The Applicant's Address for Service is as follows: Safa Enterprises Inc. 450 West Hastings Street Vancouver, BC V6B 1L1 email: adnan.must@yahoo.ca