File no.: CT-2005-006 Registry document no.: 0005
IN THE MATTER OF an application by B-Filer Inc. for an Order pursuant to section 103.1 of the Competition Act, R.S.C. 1985, c. C-34, granting leave to bring an application under sections 75 and 77 of the Competition Act;
AND IN THE MATTER OF an application by B-Filer Inc. for an Interim Order pursuant to section 104 of the Competition Act, R.S.C. 1985, c. C-34;
BETWEEN: B-Filer Inc., B-Filer Inc. Doing business as Gpay Guaranteed Payment and Npay Inc. (applicant)
and The Bank of Nova Scotia (respondent)
NOTICE PURSUANT TO SUBSECTION 103.1(5) OF THE COMPETITION ACT [1] WHEREAS an application was filed on June 20, 2005 by B-Filer Inc. pursuant to subsection 103.1(1) of the Competition Act, R.S.C. 1985, c. C-34 (the "Act") for an Order for leave to make an application under sections 75 and 77 of the Act;
[2] AND WHEREAS, pursuant to subsection 103.1(3) of the Act, the Commissioner of Competition certified in a letter filed on June 23, 2005 that this matter is not the subject of an inquiry nor was it the subject of an inquiry that has been discontinued because of a settlement between the Commissioner of Competition and the parties involved;
[3] TAKE NOTICE THAT pursuant to subsection 103.1(5) of the Act, the Competition Tribunal hereby confirms that it can hear the above-mentioned application for leave to make an application under sections 75 and 77 of the Act.
DATED at Ottawa, this 24 1 h day of June, 2005. (s) Sandra J. Simpson
TO: Adam N. Atlas Solicitor for B-Filer Inc.
AND TO: Deborah M. Alexander Executive Vice-President, General Counsel and Secretary for The Bank of Nova Scotia
AND TO: Richard J. Taylor for the Commissioner of Competition