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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

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