CT-2007 -006 COMPETITION TRIBUNAL IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATIERbf an inquiry under subparagraph 10(1)(b)(ii) of the Competition Act relating to certain marketing practices of Premier Career Management Group Corp. and Minto Roy;
AND IN THE MATTER of an application by the Commissioner of Competition for an order under section 74.1 of the Competition Act;
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant. and
PREMIER CAREER MANAGEMENT GROUP CORP. and MINTO ROY Respondents.
NOTICE OF MOTION TAKE NOTICE THAT the Applicant will make a motion to the Tribunal. The Applicant asks that this motion be heard by written submissions only.
THE MOTION IS to obtain an order allowing the Applicant to amend the Amended Notice of Application.
2 THE GROUNDS FOR THE MOTION are as follows: 1. The Applicant wishes to call Christopher Graham as a lay witness at the hearing;
2. The written statement of Christopher Graham is attached at Annex "A" of the affidavit of Lori Watts;
3. This written statement was filed on February 1, 2008 in conformity with the order dated December 14, 2007 of Madam Justice Simpson in regards to the filing of the Commissioner's lay witnesses'statements;
4. The requested amendments would be to add the following information in the tables found at paragraphs 14.b) and 14.c) of the Amended Notice of Application:
a) The name of Christopher Graham; b) The time when the impugned representations were made to him; and
c) The name of the person who made the impugned representations to him, Le. Minto Roy;
5. The Applicant submits that the right to amend documents is the general rule provided that the amendments are relevant to the issues raised and if they will not cause prejudice to the other party;
6. The Applicant submits that the requested amendments concerning Christopher Graham's evidence are relevant to the issues raised in the Amended Notice of Application;
7. Also, the Applicant submits that the Respondents will not suffer prejudice if the present motion to amend is allowed by the Tribunal;
3 8. The Applicant submits that the additional witness will not affect the scheduling of the hearing.
THE FOllOWING DOCUMENTARY EVIDENCE will be used in support of this motion:
a. The affidavit of Lori Watts and the written statement of Christopher Graham attached as Annex "A" of her affidavit - Tab 2;
b. The Amended Notice of Application - Tab 4; c. The Re-amended Notice of Application - Tab 5; d. The draft order - Tab 6. THE WHOLE WITHOUT COSTS, unless contested. Dated in Gatineau, on February 5,2008. I l S"Phane Lilkoff Deputy Attorney General of Ca
Counsel to the Applicant.