I I CT-2007-006 _I COMPETITION TRIBUNAL I IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended; r AND IN THE MATTER of an inquiry under subparagraph 10(1)(b)(ii) of the Ji. 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. 1 and and MINTO ROY Respon ens.
NOTICE OF MOTION FOR AN ORDER IN DEFAULT OF RESPONSE I (Rules 7 and 72(1) of the Competition Tribunal Rules and Rule 210 of the Federal Courts Rules) TAKE NOTICE THAT the Applicant will make a motion to the Tribunal. The Applicant respectfully asks that this motion be heard at the earliest J.. convenient time for the Tribunal, either in person in Ottawa or via a telephone i '· conference. - I _1
2 THE MOTION IS to obtain: An order that the Respondents have engaged in reviewable conduct contrary to paragraph 74.01(1 )(a) of the Competition Act;
An order that the Respondents not engage in the reviewable conduct or substantially similar reviewable conduct;
An order that the Respondents publish a public notice in accordance with paragraph 74 .1 ( 1) (b) of the Competition Act;
An order that PCMG pay the amount of $100,000 as an administrative monetary penalty;
An order that Minto Roy pay the amount of $50,000 as an administrative monetary penalty;
The whole with costs against the Respondents, jointly. THE GROUNDS FOR THE MOTION ARE as follows: 1. On May 8, 2007, the Applicant filed a Notice of Application against the Respondents;
2. The Applicant submits that the Respondents have engaged in reviewable conduct contrary to paragraph 74.01 (1 )(a) of the Competition Act;
3. The Applicant has served the Notice of Application on the Respondents;
4. The Applicant has served the Applicant's Disclosure Statement on the Respondents;
5. The time limit provided at Rule 5(2) of the Competition Tribunal Rules has expired for the filing of the Respondents' response;
3 6. The Respondents have not filed a response; 7. Pursuant to Rule 7 of the Competition Tribunal Rules, the Applicant seeks an order in default of response against the Respondents.
THE FOLLOWING DOCUMENTARY EVIDENCE will be used in support of this motion:
• The affidavit of Ian Spence; • The supplementary affidavit of Ian Spence; • The affidavit of Tanya Threatful; ·• The affidavit of Johan de Vaal; • The affidavit of Bruce Nickson; • The affidavit of William Warren; • The affidavit of Rene Navarro-Gonzalez; • The affidavit of Steve Wills; • The draft order. hane Lilkoff I Roger Nassral ah Justice Canada
Counsel to the Applicant.