lid Bennett 3400 One First Canadian Piace. PO Box 130 Toronto. Ontario. Canada M5X 1A4 JonesLLP Tel: 416.863.1200 Fax 416863.1716 www.bennettjones.com
John F. Rook, Q.C. Direct Line: 416. 777.4885 e-mail: rookj@bennettjones.com Our File No.: 51654.10
September 30, 2010 Hon. Madam Justice S. Simpson Competition Tribunal c/o Chantal Fortin Thomas D'Arcy McGee Building Royal Bank Centre 600-90 Sparks Street Ottawa, ON KIP 5B4
Dear Madam Justice Simpson: Re: Commissioner of Competition v. The Canadian Real Estate Association File No. CT-2010-002
We are writing on behalf of the Commissioner of Competition and on behalf of counsel for the respondent, the Canadian Real Estate Association ("CREA")-
The Commissioner and the Board of Directors of CREA have agreed in principle on the terms of a Consent Agreement. The terms of the Consent Agreement are, importantly, subject to ratification by the members of CREA. It is expected that CREA members will vote at their meeting scheduled for October 24, 2010. If ratified by CREA members, the Consent Agreement will be immediately registered under section 105 of the Competition Act.
The parties have agreed that the current Orders of the Tribunal in this matter, particularly for the delivery of documents and for the hearing, will not be affected, unless and until the Consent Agreement is registered. The parties therefore jointly request that the Competition Tribunal not take any steps to alter any existing plans in respect of this proceeding, pending further communications from counsel.
If you have any questions in the meantime, counsel would be pleased to be of assistance. Yours very truly, BENNETT JONES LLP ~~L
John F. Rook JFR/jp cc: Counsel/or CREA : Katherine Kay, Stikeman Elliott LLP Melanie Aitken, Commissioner ofC ompetition Andrew D. Little, Bennett Jones LLP
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