File No.: CT- 2008-06 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 Canadian Standard Travel Agent Registry, doing business as CSTAR, for an order pursuant to section 103.1 granting leave to make application under section 75 of the Competition Act;
AND IN THE MATTER OF an application by the Canadian Standard Travel Agent Registry, doing business as CSTAR for an interim order pursuant to section 104 of the Competition Act.
BETWEEN: CANADIAN STANDARD TRAVEL AGENT REGISTRY doing business as CSTAR
Applicant and INTERNATIONAL AIR TRANSPORT ASSOCIATION doing business as IATA
Respondent AFFIDAVIT OF BRUCE BISHINS Affirmed October 26, 2009
I, BRUCE BISHINS, of the city of Toronto in the Province of Ontario AFFIRM AND SAYS AS FOLLOWS:
- 2 -1. I am the former president of the Applicant, Canadian Standard Travel Agent Registry, a former not-for-profit BC Society once doing business as CSTAR (“CSTAR”), and as such, have knowledge of the matters hereinafter deposed to, except where such matters are stated to be based on information and belief, and where so stated, I verily believe these matters to be true.
2. I make this Affidavit as an individual and not as a director, officer, or representative of CSTAR in response to the Notice of Motion filed with the Tribunal by the Respondent, International Air Transport Association (“IATA”) and received by me on 21 October 2009 .
3. It is true that the parties, CSTAR and IATA, agreed on $15,000 to settle the costs in favour of IATA for CSTAR’s request for the Tribunal to grant leave to hear the matter in the above-captioned case.
4. Despite CSTAR’s best efforts to raise the necessary funds from its membership to pay IATA the costs agreed, CSTAR was unable to acquire said funds and with the additional substantial legal costs owed to counsel which represented CSTAR in this matter, CSTAR became insolvent and could not longer continue as an organization.
5. CSTAR offered IATA a wide array of “services in kind” as an alternative to the financial settlement, this in an effort to avoid CSTAR’s insolvency and cessation, however, IATA refused to accept CSTAR’s offer.
6. On 29 July 2008, following a meeting of the CSTAR board of directors, I resigned as an officer and president of CSTAR. A copy of my letter of resignation to the CSTAR board is attached to my Affidavit as Exhibit “A”.
7. On 15 August 2008, I notified the BC Ministry of Finance and Registry Services that CSTAR was insolvent, had ceased all operations, and that all directors, including myself, had resigned. A copy of my letter to the BC Ministry of Finance and Registry Services is attached to my Affidavit as Exhibit “B”.
- 3 -8. At various times in August and September 2008, I advised IATA that CSTAR was insolvent, had ceased operations, and as such, could not pay the cost award as agreed.
9. Pursuant to IATA’s request, I provided copies of CSTAR’s notice to the BC Ministry of Finance and Registry Services and CSTAR’s banking statements.
10. As CSTAR had trade debts, including the cost award to IATA, it could not voluntarily dissolve as a Society. However, the BC Registry advised me that CSTAR would be struck from the Registry in 2009, two years following the last submitted Annual Report filed on 30 April 2007. Presumably, CSTAR should have been struck from the BC Registry in June of 2009.
11. IATA’s motion to compel me to attend an examination in aid of execution as a representative of CSTAR should not be granted for the following reasons:
a) I am not a director or representative of CSTAR; b) I am not an officer or representative of CSTAR; c) I do not have any records or documents which IATA seeks to examine; d) IATA is relying on the Section 426 of the Federal Courts Rules which states:
426. A person who has obtained an order for the payment of money may conduct an oral examination of the judgment debtor or, if the judgment debtor is a body corporate, of an officer thereof, as to the assets of the judgment debtor.
- 4 -As indicated in 11 b) above, and in Exhibit “A”, I am not an officer of CSTAR.
12. It is my belief that IATA knows fully well that CSTAR is defunct and has no assets.
13. It is my belief that IATA’s pursuit of this examination in aid of execution is nothing more than an attempt to intimidate and harass me personally and to force me to personally bear expenses to address this matter.
14. IATA’s references to the Association of Retails Travel Agents – Canada (“ARTA Canada”) are irrelevant as ARTA Canada is not a successor to CSTAR, has nothing to do with CSTAR, and is no way a continuation of CSTAR.
15. It is my belief that IATA wishes to additionally use the examination in aid of execution sought as a vehicle to delve into matters of my other travel agency advocacy activities, including those at ARTA Canada.
16. It is my belief that if IATA had any bona fide interest in an examination in aid of execution as a real means to determine CSTAR’s actual financial standing and true ability to make payment of the cost award, IATA would not have waited one year and 2 months (14 months) since the demise of CSTAR to pursue such an examination.
17. A copy of this Affidavit has been electronically transmitted as well as sent via Canada Post Xpresspost to the Respondent and to the parties indicated below.
The above is my Affidavit and testimony in this matter along with Exhibits “A” and “B”.
- 5 -AFFIRMED BEFORE ME at the City of Toronto
in the Province of Ontario on the 26 1 h day of October 2009 ~~ ~§; 'ff-~\1..i\. .\ '1)~,')"\.t.... '5' Commissioner for Taking Affidavits .~. EBISHINS 's-7'-' ')or--_'T ~ ............ ,J \~~l........ Name: ~~~ \) ~"< ""~~~' L. Bruce Bishins ~°'"' "·,~~'"'~<)~~ ci....._ "< ~~~ ~\c.-\."\ <:.... c/o Helen Thompson Travel '-~~~~"Q )~~"'~'"\)\ '-~o..C:)~ 61 Hayden Street (X~ ~<-\ ~" Toronto, Ontario M4Y 3B2 'O bruce.bishins@gmail.com Tel: 416-922-8911
Attached: Exhibits A and B TO: International Air Transport Association 800 Place Victoria ~-,...~ ~~~"1 ~'--..\ \..~\'"'-Montreal, Quebec David Lefkowitz H4Z 1M1 Barrister & Solicitor Tel: 514-874 -0202 Notary Public and Con:missioner of Oath:· in and fer the Province of Ontano. Fax: 514-87 4-9632 My commission is of ~nli~itcd duration. No legal advice given
McMillan LLP Brookfield Place Red Sea\ Notary \ne. 181 Bay Street, Suite 4400 711 Bay Street, Unit M207-B, Toronto, Ontario M5J 2T3 Toronto, O · · M5G2C8 Tel: 416.865.7000 ntario Fax: 416.865.7048 Tel: (416) 922-7325 The Registrar ~~~ ~~~""(_ Competition Tribunal SWOmJ[)eclared before me at The Thomas D'Arcy McGee Building ';-~., ~)" , Ontario ,~~D. 90 Sparks Street, Suite 600
Ottawa, Ontario thl~dayof ~~.2~~-KIP 5B4 Tel: 613-954-0857 Fax:613-952·1123
- 6 -In accordance with Competition Tribunal Rule 20 (1), the affiant declares as follows:
The document that is being electronically submitted to the Tribunal is an electronic version of a paper document that has been signed by the affiant. The signed document in paper copy is available and will be produced if requested by the Tribunal.
____________________________
BRUCE BISHINS
CST.,,R cnaesnnr1mrx ...._ sn,1• Board of Directors CSTA R Red Seal Notary Inc. 61 Hayden Street 777 Bay Street, Unit M207·B, Toronto, ON M4Y 2P2 Toronto, Ontario M5G 2C8 Tel: (416) 922·7325 Dear CSTA R Board Members:
As indicated on our conference call, I hereby resign from my position as President and Chief Executive Officer of CSTA R. My resignation as an officer of CSTA R is effective immediately.
As this was not a salaried position, there is no salary debt owed to me from CSTA R. In addition, and further to the decisions taken on our conference call, I will when appropriate: 1. notify the BC Registrar that CSTA R is insolvent and will cease all operations; 2. notify the BC Registrar that all CSTA R directors have resigned; 3. notify all CSTA R members that CSTA R will cease as an association; 4. notify all CSTA R members that alternative agency association options are being discussed; 5. continue discussions with C. Theberge at ACTA to acquire CSTAR members who wish it; 6. notify the trade press that CSTA R will cease operations.
As discussed, there is a debt of$15,000 to IATA and various legal debts to attorneys amounting to an additional $12,000. I will notify IATA and the affected attorneys that CSTAR is insolvent and will not be able to pay these debts. As indicated, the efforts to raise funds from CSTA R members to finance these debts was not successful. The Competition Tribunal case has been abandoned as no agency has indicated a willingness to step forward as an applicant.
There is approximately $500 remaining in the CSTAR bank account and PayPal which will be used to pay off some minor debts for Internet service, web site, telephone service and office facilities. Thereafter, the CSTA R bank account and PayPal accounts will be closed.
As further discussed, due to the existing trade debts, CSTA R will not be able to file for voluntary dissolution with the BC Registrar. CSTAR will be struck from the BC Societies Registry in 2009.
Thank you for all your support and cooperation over the years. ~ ~~~\).. Respectfully submitted, ~~1d Lefko~1i~1. ·)' \ Barrister & So~1c1.1or f O ath:-A _ A!r. . ni~1sExb101t S>s,, merredtointt1eatlldlv1t . d Comm1ss10ner o 4 ... 'otar"V Public an - . t" Ont"'riO ~;C/~ ~t- 'hl~fu.wombefore me~ 1 " • J h - -'' \ Pro f vine\: O '· · in and . . . t o i n c . o un 1 · ' mi· ' < . :d . d1;n1titin Mv \;nrnrms:,1 \< " . . ,; _,,,1, Bruce Bishins, CTC day ofd-=~ 20~ , . No \ciral :;d·<i ;e g . , . •
EXIDBIT "A" Canadian Standanl Travel Agent RegislJy 61 Hayden Street Toronto. ON, M4Y 2P2 Canooa E-mail: postmaster@cstau:a Toronto, 29 July 2008 ". · - . --· . ·-. . -. .. . . .. ... . ... .
EXHIBIT "8" ... ... . . . --. . -...... Ministry of Finance - .· ·. _. . .. -..:..."' . ' •-.. . BC Registry Services . . POB 9431 Stn Prov Gvt . - --· Victoria, BC -·- -. . ·--· . -...... . . V8W9V3 15 August 2008 , -:: ... - -.. _ . .. _ . ~· -.. . Regarding BC Society S-38464 Canadian Standard Travel Agent Registry
Dear Registrar: This is to advise that the Canadian Standard Travel Agent Registry (CSTA R) is insolvent and has ceased all operations.
Effective immediately: 1. CSTA R has ceased doing business. 2. CSTAR has closed its office in Vancouver, British Columbia. 3. CSTA R has closed its office in Toronto, Ontario. 4. All CSTAR directors have resigned: Red Seal Nr.itary Inc. 777 Bay Street, Unit M207·B,
- Bishins, Bruce Toronto, Ontario MSG 2C8 - Miller, David Tel: (416) 922-7325 - Parry, Mary - Shaw, David
5. CSTA R has no assets of any kind. 6. CSTA R does not have any tax, govenunent, or salary liabilities. 7. CSTAR does have trade liabilities which it will not be able to pay. 8. CSTA R has closed its bank accounts with zero balances. 9. All CSTAR members have been notified.
We understand that CSTA R cannot file for voluntary dissolution due to the outstanding trade liabilities it has. This notwithstanding, CSTA R wishes to advise you of its defunct status and requests that it be struck from the BC Registry in accordance with prevailing regulations. CSTAR will not file any further Annual Reports (Fonn 11).
Thank you for your attention to this matter. Respectfully yours, ~~~ Bruce Bishins ~""\~ \ ~0-\)...!.\ \1... Fonner Director David Lefkowitz Barrister & Solicitor Notarv Public ~nd Commissioner of Oaths ir; and f1•r the Prcwince of Ontmio. "", .:•r r. :r ission i-; of unlimited duration
" \r 1'1118 ls Exhibit '<;:) referred to in the affidavit ~Mo.-"~ swam before me this~~ dayot~~ ,20~ . "