CT-2007-006 COMPETITION TRIBUNAL IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended; . AND IN THE MATTER of 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 and PREMIER CAREER MANAGEMENT GROUP and MINTO ROY Respondents. NOTICE OF MOTION TO AMEND THE REVISED MOTION RECORD . FOR AN ORDER IN DEFAULT OF RESPONSE
TAKE NOTICE THAT the Applicant will make a motion to the Tribunal. The Applicant respectfully asks that this motion be heard by written submissions only.
THE MOTION IS to obtain an order allowing the Applicant to .amend the Applicant's Revised Motion Record for an order in default of response as follows:
• To allow the Applicant representations to the current ones found at Tab 2 of the
to substitute amended Written
2 Applicant's Revised Motion Record for an order in default of response;
• To allow the Applicant to add the affidavit of Raffaele Rocca at Tab 12 of the Applicant's Revised Motion Record for an order in default of response.
THE GROUNDS FOR THE MOTION are as follows: 1. On October 12, 2007, Raffaele Rocca communicated verbally to the Applicant for the first time the detailed information found in his affidavit dated October 25, 2007.
2. Raffaele Rocca is a former client of PCMG. 3. The Applicant submits that Raffaele Rocca's evidence is relevant in regards to the Applicant's Revised Motion Record for an order in default of response because it addresses the issues of the reviewable conducts alleged against the Respondents.
4. The evidence of Raffaele Rocca is recent because he entered into contract with PCMG on June 13, 2007.
5. The Applicant has already argued about the serious concerns that the reviewable conducts alleged in the Notice of Application could be continuing, and the affidavit of Raffaele Rocca is evidence of that.
6. The right to amend documents is the general rule if the amendments are relevant to the issues and if the amendments do not cause prejudice to the other party;
7. The Applicant submits that the requested amendments are relevant and that the Respondents will not suffer prejudice if the present motion to amend is allowed by the Tribunal.
THE FOLLOWING DOCUMENTARY EVIDENCE will be used in support of this motion:
• The affidavit of Lori Watts;
3 • The amended Written representations to the Applicant's Revised Motion Record for an order in default of response;
The affidavit of Raffaele Rocca. THE WHOLE WITHOUT COSTS, unless contested. Dated in Gatineau, on October 26, 2007. Stephane Lilkoff I Roger Nassrall Justice Canada
Counsel to the Applicant.