File No: CT-2004-007 CANADA COMPETITION TRIBUNAL BETWEEN: ROBINSON MOTORCYCLE LIMITED
- and -
FRED DEELEY IMPORTS LIMITED
RESPONDING MATERIALS OF THE RESPONDENT, FRED DEELEY IMPORTS LIMITED, ON THE APPLICANT'S APPLICATION PURSUANT TO SECTION 103.1 OF THE COMPETITION ACT FOR LEAV E TO MAKE APPLICATION UNDER SECTION 75 OF THE ACT
BLAKE, CASSELS & GRAYDON, LLP Box 25, Commerce Court West Toronto, ON MSL 1A9
R. Seumas M. Woods LSUC #301691 Tel: (416) 863-3876 Fax: (416) 863-2653
Christopher Hersh LSUC #43080N Tel: (416) 863-3056 Fax: (416) 863-2653
Matthew Horner LSUC #47163B Tel : (416) 863-2356 Fax: (416) 863-2653
Counsel for Fred 12.~i;:le
i~WiHUNCE P F, R I 0 L 2004 D E u D I T 21294301.l
Applicant
Respondent
r---~~::::;:;;;:::::1=nu~'N~'A~L---,
-2-TO: THE REGISTRAR The Competition Tribunal The Thomas D 'Arey McGee Building 600-90 Sparks Street Ottawa, ON KlP 5B4
Tel: (613) 957-7851 Fax: (613) 952-1123
AND TO: MYRON W. SHULGAN, Q.C. WILSON WALKER LLP Barristers and Solicitors 300-443 Ouellette Avenue Windsor, ON N9A 6R4
Tel: (519) 977-1555 Fax: (519) 977-1565
21294301.1
File No: CT-2004-007 CANADA COMPETITION TRIBUNAL BETWEEN: ROBINSON MOTORCYCLE LIMITED
- and -
FRED DEELEY IMPORTS LIMITED
RESPONDING MATERIALS OF THE RESPONDENT, FRED DEELEY IMPORTS LIMITED, ON THE APPLICANT'S APPLICATION PURSUANT TO SECTION 103.1 OF THE COMPETITION ACT FOR LEAV E TO MAKE APPLICATION UNDER SECTION 75 OF THE ACT
INDEX TAB DOCUMENT 1. Affidavit of Bremner J. Green, sworn July 9, 2004 A. Exhibit "A" - Harley-Davidson, Inc. 's Form 10 K for the year ending December 31, 2003
B. Exhibit "B" - Motorcycle and Moped Industry Council Market Share Report, dated May 2004
C. Exhibit "C" - Historical Market Share Chart based on MMIC data D. Exhibit "D" -Article from MotorcycleUSA.com, dated August 21, 2003 2. Written Representations of the Respondent, Fred Deeley Imports Limited 21294301.l
Applicant
Respondent
TABl
File No. CT-2004-007 CANADA COMPETITION TRIBUNAL BETWEEN: ROBINSON MOTORCYCLE LIMITED Applicant - and -FRED DEELEY IMPORTS LTD. Respondent AFFIDAVIT OF BREMNER J. GREEN (sworn July 9, 2004)
I, Bremner J. Green, of the City of Toronto, in the Province of Ontario, MAKE OATH AND SAY:
!. I am the General Manager of Fred Deeley Imports Ltd. ("Deeley") and, accordingly, I have personal knowledge of the matters set out below, except where stated to be based on information and belief, in which case I believe such statements to be true.
Fred Deeley Imports Ltd. 2. Deeley is the exclusive distributor of Harley-Davidson motorcycles and related products in Canada.
3. In the normal course of its business, Deeley distributes Harley-Davidson products through retail dealerships located in Canada under its usual terms of trade.
4. By letter dated January I 6, 2004, Deeley informed Robinson that Deeley would not be entering into a new retailer agreement with Robinson once the current retailer agreement runs out on July 31, 2004.
5. Deeley has no obligation to enter into a new retailer agreement or to extend a retailer agreement following the expiry of a dealer's existing retailer agreement. Under its existing
21292534.4
-2-retailer agreement, Robinson has no right to a new agreement or an extension of its existing agreement.
Motorcycles - A Competitive Market 6. The motorcycle market in North America, including Canada, comprises many competing brands. Honda, Suzuki, Kawasaki, Yamaha, BMW, Ducati, Polaris, Aprilia and Triumph all compete vigorously with Harley-Davidson for sales of motorcycles related products throughout Canada.
7. The motorcycle market in both Canada and North America is very competitive. In its Form !OK filing made to the U.S. Securities Exchange Commission , Harley-Davidson characterizes the heavyweight motorcycle market (comprising motorcycles having an engine displacement of 651 cubic centimetres or more) as being "highly competitive''. Attached as Exhibit "A" hereto is a true copy of the "Competition" section from Harley-Davidson, Inc.'s Form I 0-K filing for the year ending December 31, 2003.
8. In Canada, in the category of "Street" motorcycles (defined similarly to the "heavyweight" motorcycles described above), the market share of Harley-Davidson motorcycles between September 2003 and May 2004 was approximately 30.9%. During the same period, its share of the Ontario motorcycle market was approximately 35.7%. Since the early !990's, Harley-Davidson's share of the Canadian motorcycle market has declined from 55.6% in 1991 to 30.9% for the current riding season. Attached as Exhibits "B" and "C" respectively hereto is a copy of data taken from the May 2004 Motorcycle and Moped Industry Council ("MMIC") market share reports, and a chart showing Harley-Davidson's historical sales and share of the Canadian motorcycle market as based on MMIC data.
9. Due to the highly competitive nature of the Canadian motorcycle market Deeley constantly monitors and tracks the market share data provided in the MMIC reports. These reports allow Deeley to compare the sales of Harley-Davidson-brand motorcycles with those of the other brands. Deeley uses these reports as the basis for creating its confidential business plans and to develop its strategy to compete with other brands of motorcycle.
21292534.4
- 3 -
10. Harley-Davidson offers customers financing that is competitive with similar programs offered by competitors and in 2004 increased the warranty period on its motorcycles from one to two years to better compete with other motorcycle manufacturers.
11. Further, professional analysts in the popular motorcycle press recognize that Harley-Davidson motorcycles compete with a variety of other brands. For instance, motorcycle publications regularly publish articles that compare equivalent models of various brands of motorcycles, including Harley-Davidson motorcycles. For example, attached as Exhibit "D" hereto is a copy of an August 21, 2003 article from MotorcycleUSA.com, in which the Harley-Davidson Sportster 883 is compared against the Honda Shadow Spirit 750, the Kawasaki Vulcan 800, and the Suzuki Marauder 800.
Motorcycle Parts/A ccessories and Apparel - Competitive Markets 12. In addition to competing with other motorcycle manufacturers for the sale of motorcycles, Harley-Davidson competes with both other motorcycle manufacturers and third-party manufacturers in motorcycle parts/accessories and apparel markets.
13. With respect to motorcycle parts/accessories, Harley-Davidson's many competitors m this highly competitive field include: Custom Chrome, Cobra, SuperTrapp, K&N, S&S, STD, Progressive, Corbin, Kuryakyn, Avon, Performance Machine and Drag Specialties, amongst others.
14. In the similarly highly competitive apparel market, Harley-Davidson rider apparel competes with Bristol, Wolf, Joe Rocket, Gericke, FIRSTGEAR and Indian, amongst several others.
The Southwestern Ontario Motorcycle Marketplace 15. Harley-Davidson dealers in Windsor, Chatham (both of which are only approximately 70 kilometres from Wheatley, where Robinson is located, and are only approximately 90 kilometres apart), and in Sarnia, London, Hamilton, and other locations in Ontario already compete with one another in the area currently serviced by Robinson. This is supported by customer surveys, which indicate that over half of all purchasers of new Harley-Davidson motorcycles travel up to
21292534.4
- 4 -
150 kilometres to visit their closest Harley-Davidson retailer. These remaining dealerships will continue to provide a full range of sales and service choices to motorcycle customers in the areas previously serviced by Robinson.
16. In addition to the Harley-Davidson dealers who can service Robinson's existing customers, and as indicated in paragraph 47 of the affidavit sworn by Kirn Van Deven on May 21, 2004, the area currently served by Robinson is well served by dealers of competing brands of motorcycles. Further, this area is and will continue to be well served by independent vendors of parts/accessories and apparel, and independent service providers.
17. I swear this affidavit in support of Deeley' s response o Robinson's application for leave to make application under section 75 of the Competition A
SWORN BEFORE ME, on July 9, 2004, at
er for Taking Affidavits rernner J. Green 21292534.4
EXHIBIT ''A''
This is Exhibit "A" referred to in the Affidavit of
Bremner J. Green Affirmed before me this 9th day of July, 2004
MATTHEWWIWAMIAWlE~ A Commissioner. etc.. PIOvttlce d Ontario, while e studCn9 el Ba ~Apl!lal,211111.
21294218.l
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D. C. 20549 FORMlO-K
ANNUAL REPORT PURSUANT TO SECTION13 OR lS(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended: December31, 2003 o TRANSITION REPORT PURSUANT TO SECTION13 OR lS(d) OF THE SECURITIES EXCHANGE ACTOF1934 For the transition period fromto
Commission file number 1-9183
Harley-Davidson, Inc. (Exact name of registrant as specified in its charter) \Visconsin 39-1382325 (State of organization) (l.R.S. Employer Identification No.) 3700 West Juneau A venue, I\-1ihvaukee, Wisconsin 53208 (Address of principal executive offices) (Zip code) Registrants telephone number: (414) 342-4680 Securities registered pursuant to Section12(b) of the Act:
Tille of each class Name of ea eh Eu:h11nge on which registered COMMON STOCK, $.01 PAR VALUE PER NEW YORK STOCK EXCHANGE SHARE PREFERRED STOCK PURCHASE RJGHTS NEW YORK STOCK EXCHANGE Securities registered pursuant to Sectionl2(g) of the Act: NONE Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section! 3 or l 5(d) of the Securities Exchange Act of I 934 during the preceding 12 months and (2) has been subject to such requirements for the past 90 days. Yes No o .
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and \vill not be contained, to the best of the registrant's knowledge, in definitive proxy or infonnation statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. o
© ~004.
EDGAR Online, Inc.
Indicate by check mark whether the registrant is an accelerated filer (as defined in Rule J2b-2 of the Act). Yes No o. Aggregate market value of the voting stock held by non-affiliates of the registrant at June27, 2003: $11,965,851,735 Number of shares of the registrant's common stock outstanding at March4, 2004: 294,431,681 shares.
Documents Incorporated by Reference Part III of this report incorporates information by reference from registrant's Proxy Statement for the annual meeting of its shareholders to be held on April25, 2004.
© 2004. EDGAR Online. Inc.
Comoetition. The heavyweight (65I+cc) motorcycle market is highly competitive. The Company's major competitors are based outside the U.S. and generally have financial and marketing resources that are substantially greater than those of the Company. They also have larger worldwide revenue and are more diversified than the Company. In addition to these larger, established competitors, the Company has competitors headquartered in the U.S. The U.S. competitors generally offer heavyweight motorcycles with traditional styling that compete directly with many of the Company's products. These competitors currently have production and sales volumes that are lo\ver than the Company's and do not hold a significant market share.
Competition in the heavyweight motorcycle market is based upon a number of factors, including price, quality, reliability, styling, product features, customer preference and warranties. The Company emphasizes quality, reliability and styling in its products and offers a 2 year warranty for its motorcycles. The Company regards its support of the motorcycling lifestyle in the form of events, rides, rallies, H.O.G. and its financing through HDFS as a competitive advantage. In general, resale prices for used Harley-Davidson motorcycles, as a percentage of prices when new, are significantly higher than resale prices for used motorcycles of the Company's competitors.
8
© :004.
EDGAR Onlin~. Inc.
Domestically, the Company competes most heavily in the touring and custom segments of the heavyweight motorcycle market. These segments accounted for 82%, 80% and 79°/o of total heavyweight retail unit sales in the U.S. during 2003, 2002 and 2001, respectively. The custom and touring motorcycles are generally the most expensive vehicles in the market and the most profitable for the Company. During 2003, the heaV)'\veight segment (including standard, performance, touring and custom motorcycles) represented approximately one-half of the total U.S. motorcycle market (on- and off-highway motorcycles and scooters) in terms of new units registered.
For the last 16 years, the Company has led the industry in domestic (United States) retail unit sales ofheaV)'\veight motorcycles. The Company's share of the heavyweight market was 50.3% in 2003 compared to 48.2o/o in 2002. This share is significantly greater than the Company's largest competitor in the domestic market which ended 2003 with an 18.4°/o market share.
The following chart includes U.S. retail registration data for the Company and its major competitors for the years 1999 through 2003. Market share of U.S. Heavyweight Motorcycles (l) (Engine Displacement of 651+cc)
Year Ended Deccmber3J, 2003 2002 2001 2000 1999 New U.S. Registrations (thousands of units): Total market ne\v registrations 4612 442.3 394.3 340.0 275.6 Harley-Davidson ne\V registrations 228.4 209.3 177.4 155.l 134.5 Buell ne\v registrations 3.5 2.9 2.6 42 3.9 Total Company new registrations 231.9 212.2 180.0 159.3 138.4 Percentage Market Share: Harley-Davidson motorcycles 49.5 % 47.5 % 45.0 % 45.6 % 48.8 % Buell motorcycles 0.8 0.7 0.7 1.2 1.4 Total Company 50.3 482 45.7 46.8 502 Honda 18.4 19.8 20.5 18.5 16.4 Suzuki 9.8 9.6 10.8 9.3 9.4 Kawasaki 6.7 6.9 8.0 9.0 10.3 Yamaha 8.5 8.9 7.9 8.4 7.0 Other 6.3 6.6 7.1 8.0 6.7 Total !00.0 % !00.0 % !00.0 % 100.0 % !00.0 % (1) Motorcycle registration and market share information has been derived from data published by the Motorcycle Industry Council (MIC).
9
© 2004.
EDGAR Online, Inc.
The Company faces unique competitive challenges in the international markets. The European heavyweight motorcycle market (as defined below) is roughly t\vo-thirds of the size of the U.S. market; but unlike the domestic market, it is comprised of the unique tastes of many individual countries that together represent the total European market. In addition, 8 I 0 /o of the European heavyweight (651 +cc) motorcycle market is comprised of the standard and performance segments. The Company's traditional Harley-Davidson products are designed to compete in the custom and touring segments. However, the Company continues to expand its product offerings to include ne\V motorcycles like the VRSC, \Vhich can compete in both the custom and performance segments, and the Buell XB, a motorcycle specifically designed to compete in the performance segment.
On a world\vide basis, the Company measures its market share using the heavyweight classification. Although definitive market share information does not exist for many of the smaller foreign markets, the Company estimates its \Vorld,vide competitive position, using data reasonably available to the Company, to be as follows:
WorldVl'ide Heavyweight Motorcycle Registration Data (Engine Displacement of 651+cc) (Units in thousands)
2003 Units "lo Share North America(] l Harley-Davidson new registrations 238.3 48.1 Buell new registrations 3.7 0.8 Company registrations 242.0 48.9 % 223.l Market ne\v registrations 495.5 Europe(2) Harley-Davidson ne\v registrations 26.3 8.1 % Buell new registrations 4.0 1.2 Company registrations 30.3 9.3 % Market new registrations 323.1 Japan/Australiaf3l Harley-Davidson new registrations 15.2 25.8 % Buell ne\v registrations 1.0 1.7 Company registrations 16.2 27.5 % Market ne\V registrations 58.9 Totalf4l Harley-Davidson new registrations 279.8 31.9 % 257.2 Buell new registrations 8.7 1.0 Company registrations 288.5 32.9 % 262.8 Market new registrations 877.5 (I) Includes the United States and Canada. Data provided by the Motorcycle Industry Council (MIC). (2) Europe data, provided by Gira! S.A., includes retail sales in Austria, Belgium, France, Gennany, Italy, The Netherlands, Spain, S\vitzerland, United Kingdom, Denmark, Finland, Greece, Norway, Portugal and S\veden.
(3) Data provided by ERG, International and industry sources.
© ::004.
2002 2001 Units "/a Share Ut1its "lo Share 220.1 46.4 185.6 43.9 % 3.0 .6 2.7 .6 47.0 % 188.3 44.5 % 475.0 422.8 23.5 7.l Ofo 22.8 7.l O/o 1.9 0.6 2.3 0.7 25.5 7.7 o/o 25.l 7.8 % 331.8 319.9 13.6 213 O/o 12.7 20.4 % .7 1.2 .7 1.2 14.3 22.5 o/o 13.4 21.6 % 63.9 62.1 29.6 Ofo 221.1 27.5 % 5.6 0.7 5.7 0.7 303 °/o 226.8 282 o/o 870.7 804.8
EDG.?;.R Online, Inc.
(4) Includes the North American, European and Japan/Australia markets as defined above. lO
@ 2004.
EDGAR Online, Inc.
EXHIBIT ''B''
This is Exhibit "B" referred to in the Affidavit of
Bremner J. Green Affirmed before me this 9th day of July, 2004
MATIHEWWllUAMlAWl.ESS A Commlssloner, etc., ProVince Of Onlario,whil&aOl!ldent-at• J ~Aelllao. 2007. ~
21294218.l
Retail Motorcycle Sales Report (as of 2004/May) National Categories Engine Size: All
Regions MTD 96 of Volume Prior 96 of Unit Year Volume Change Change MTD Slreet 7,786 61.4396 8,593 63.5296 -807 -9.3996 Dual Purpose 323 2.5596 461 3.4196 -138 ·29.9396 Competllion 1,587 12.52% 2,038 15.0796 -451 -22.13% Olf·Road Rec 1,421 11.2196 1, 102 8.1596 319 28.95% Mini Bike 446 3.5296 401 2.96% 45 11.22% Scooter I. I I 1 8.77% 932 6.8996 179 19.21% All Categories 12,674 100.00% 13,527 100.00% -853 ·6.31% PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
Layer 1 of6 % YTD 96 of Prior 96 of Unit 96 Volume YTD Volume Change Change 30,487 57,9796 26,328 57.0896 4,159 15.80% 1,565 2.9896 1,610 3.4996 -45 ·2.80% 9.673 18.3996 9,754 21.15% -81 ·0.8396 5,488 10.44% 4,250 9.2196 1.238 29.1396 2,122 4.04% 1,753 3.80% 369 21.05% 3,254 6.19% 2,433 5.2796 821 33.74% 52,589 100.0096 46,128 100.00% 6,461 14.0196
Retail Motorcycle Sales Report (as of 2004/May) National Categories Engine Size: All
Western MTD 96 of Volume Prior %of Unit Year Volume Change Change MTD Street 2, 198 50.7096 2,287 52.0896 -89 Dual Purpose 126 2.91% 150 3.4296 -24 -16.00% Competition 805 18.57% 1.041 23. 7196 -236 -22.6796 Off-Road Rec 666 15.36% 508 J J .5796 158 31.1096 Mini Bike 194 4.48% 192 4.3796 2 Scooter 346 7.9896 213 4.85% 133 62.4496 All Categories 4,335 100.0096 4,391 100.0096 -56 PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
Layer 2 of6 96 YTD %of Prior %of Unit 96 Volume YTD Volume Change Change -3.89% 9,589 47.8596 7,979 46.1496 1,610 20.18% 650 3.2496 581 3.36% 69 11.88% 5,013 25.0196 5,130 29.6696 -117 -2.28% 2,718 13.5696 2,010 J J.6296 708 35.22% 1.0496 1,003 5.0096 794 4.59% 209 26.3296 1,068 5.3396 800 4.6396 268 33.5096 -1.2896 20,041 100.00% 17,294 100.0096 2,747 15.88%
Retail Motorcycle Sales Report (as of 2004/May) National Categories Engine Size: All
Ontario MTD %ofVolume Prior %of Unit Year Volume Change Change MTD Streel 2.215 67.2496 2,692 71.0596 -477 -17. 72% Dual Purpose 66 2.00% 123 3.25% -57 ·46.34% Competition 408 12.39% 459 12.11% -51 ·11.11% Off-Road Rec 375 11.38% 320 8.4596 55 17.19% Mini Bike 134 4.0796 120 3.17% 14 11.67% Scooter 96 2.9196 75 1.9896 21 28.0096 All Categories 3,294 100.00% 3,789 100.00% -495 ·13.0696 PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
Layer 3 of6 % YTD %of Prior. %of Unit % Volume YTD Volume Change Change 8,619 61.37% 8,577 61.40% 42 0.4996 359 2.56% 4ll4 3.32% -105 ·22.63% 2,480 17.66% 2,657 19.0296 -177 ·6.66% 1,623 11.5696 1,405 10.06% 218 15.52% 673 4.7996 626 4.4896 47 7.51% 291 2.0796 240 1.7296 51 21.25% 14,045 100.0096 13,969 100.0096 76 0.5496
Retail Motorcycle Sales Report (as of 2004/May) National Categories Engine Size: All
Quebec MTD % of Volume Prior %of Unit Year Volume Change Change MTD Street 2,751 69.2496 3,017 68.55% -266 -8.82% Dual Purpose 85 2.1496 154 3.5096 -69 -44.8196 Compellllon 274 6.9096 404 9.1896 -130 -32.18% Off-Road Rec 196 4.9396 162 3.6896 34 20.9996 Mini Bike 63 l .5996 68 1.5596 -5 -7.3596 Scooler 604 15.20% 596 13.5496 8 All Categories 3,973 100.0096 4,401 100.00% -428 -9.7396 PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
Layer 4 of6 96 YTD %of Prior 96 of Unit 96 Volume YTD Volume Change Change 10,062 67.8296 8,155 67.59% 1,907 23.38% 411 2.7796 430 3.5696 -19 -4.4296 1,715 11.56% 1,505 12.4796 210 13.9596 645 4.3596 472 3.9196 173 36.6596 289 1.9596 226 1.8796 63 27.8896 1.3496 1.715 11.5696 1.277 10.58% 438 34.3096 14,837 100.0096 12,065 100.00% 2,772 22.98%
Retail Motorcycle Sales Report (as of 2004/May) National Categories Engine Size: All
Marit imes MTD %ofVolume Prior %of Unit Year Volume Change Change MTD Street 620 58.1696 597 63.1796 23 D~al Purpose 46 4.3296 34 3.6096 12 35.2996 Competlllon 99 9.2996 133 14.0796 -34 -25.5696 Ofl·Road Rec 181 16.98% 112 11.85% 69 61.61% Mini Bike 55 5.16% 21 2.22% 34 161.go96 Scooter 65 6.10% 48 5.08% 17 35.42% All Categories 1,066 100.00% 945 100.0096 121 12.80% PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
Layer 5 of6 96 YTD %of Prior 96 of Unit 96 Volume YTD Volume Change Change 3.85% 2,042 59.2996 1.613 59.1196 429 26.6096 145 4.2196 133 4.87% 12 9.0296 450 13.0796 422 15.4696 28 6.6496 471 13.6896 347 12.7296 124 35.7396 156 4.5396 101 3.7096 55 54.46% 180 5.2396 113 4.1496 67 59.2996 3,444 100.00% 2,729 100.00% 715 26.2096
Retail Motorcycle Sales Report (as of 2004/May) National Brands & Segments
All Regions Layer 1 of6 Category: Street 651 cc +
MTD 1)(1 q( Prior 96 q{ Unit 9b Change Volun1e Year Volun1e Change MTD AprHla 0 0.0096 0 0.0096 0 /0 BMW 112 1.76% 90 J.3396 22 24.44% Buell 35 0.55% 18 0.2796 17 94.4496 Ducat! 24 0.3896 19 0.2896 5 26.32% Harley-Davidson 1,954 30.79% 1,939 28.56% 15 0.7796 Honda 1,316 20.74% 1,572 23.1596 -256 -16.28% ICTM 0 0.0096 0 0.0096 0 /0 Katvasaki 1,117 17.6096 968 14.2696 149 15.39% Polarts 25 0.39% 26 0.3896 -1 -3.85% Suzuki 771 12.15% 1,085 15.9896 -314 -28.94% Triumph 86 1.36% 30 0.4496 56 186.67% Yamaha 906 14.2896 1,043 15.3696 -137 -13.1496 Brands 6,346 100.009£, 6,790 100.0096 -444 -6.5496 Custom/Classic 4, 161 65.57% 4,562 67.1996 -401 -8.7996 Sport 1, 172 18.47% I, 142 16.8296 30 2.6396 Touring 1,009 15.9096 1,086 15.99% -77 -7.09% Cuslum/Classlc 4 0.06% 0 0.0096 4 /0 Segments 6,346 100.0096 6,790 100.0096 -444 -6.5496 PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
YTD 96 of Prior 96 of Unit 9£1 Change Volun1e YTD Volume Change 2 0.01% 0 0.0096 2 /0 462 1.8796 481 2.22% -19 -3.9596 152 0.6296 119 0.5596 33 27.7396 183 0.7496 118 0.5596 65 55.08% 7,620 30.89% 6,670 30.8496 950 14.2496 4,677 18.96% 4,929 22.7996 -252 -5.11% 0 0.0096 0 0.0096 0 /0 .'3,355 13.60% 2,310 10.6896 1,045 45.2496 107 0.4396 60 0.2896 47 78.3396 3,439 13.9496 3,226 14.9296 213 6.6096 294 1.19% 214 0.9996 80 37.3896 4,379 17.7596 3,498 16.1896 881 25.19% 24,670 100.0096 21,625 100.009(, 3,045 14.0896 16,192 65.6396 13,833 63.9796 2,359 17.0596 4,440' 18.00% 3,8l0 17.6296 630 16.5496 4,026 16.3296 3,982 18.4196 44 1.1096 12 0.0596 0 0.0096 12 /0 24,670 100.0096 21,625 100.0096 3,045 14.0896
Retail Motorcycle Sales Report (as of 2004/May) National Brands & Segments
Western Layer2 of6 Category: Street 651 cc +
MTD 96 q( Prior 96 q( Unit 96 Change l'olame Year Volume Change MTD Aprllla 0 0.0096 0 0.00'}(1 0 /0 BMW 25 1.451Jf1 23 1.3496 2 8. 70'!6 Buell 13 0.7596 8 0.4796 5 62.50'!6 DucaU 10 0.5896 6 0.3596 4 66.67% 1-farley-Davtdson 580 33.5696 593 34.62% -13 -2.19% Honda 389 22.51% 428 24.9996 -39 -9.11% ICTM 0 0.0096 0 0.00'!6 0. /0 l\awasakl 199 11.5296 161 9.40'!6 38 23.60'!6 Polaris 16 0.93% 16 0.93% 0 0.00'!6 Suzuki 206 11.92% 246 14.3696 -40 -16.26% Triun1ph 47 2.7296 9 0.53% 38 422.22% Yamaha 243 14.06% 223 13.02% 20 8.9796 Brands 1,728 100.0096 1,713 100.00<Jb 15 0.889b Cuslom/Classlc 1,089 63.0296 l, 105 64.51% -16 -1.45%
Sport 352 20.37% 305 17.81% 47 15.4196 Touring 284 16.44% 303 17.6996 -19 -6.27% Custum/CJasslc 3 0.17% 0 0.00'!6 3 /0 Segments 1,728 100.0096 1,713 100.00'!6 15 0.8896 PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
YTD 96 of p ... \or 96 of Unit 9fi Change Volume YTD Volume Change 1 0.0/96 0 0.0096 I /0 95 1.2696 130 2.0396 -35 -26.9296 56 0.7496 41 0.64% 15 36.5996 86 1.1496 42 0.6696 44 104.76% 2,695 35.73% 2,231 34.91% 464 20.80'!6 1,537 20.3896 1.537 24.0596 0 0.00'!6 0 0.00'!6 0 0.00'!6 0 /0 775 10.27% 588 9.20'16 187 31.80'!6 56 0. 7496 36 0.56% 20 55.5696 959 12.71% 847 13.2696 112 13.2296 132 1.75% 94 1.47% 38 40.43% 1, 151 15.2696 844 13.2196 307 36.37% 7,543 100.00'!6 6,390 100.00<Jb 1,153 18.0496 4,837 64.13% 3,958 61.94% 879 22.21% .
1,42~ . 18.85% 1,213 18.9896 209 17.2396 1,275 16.90'!(1 1,219 19.0896 56 4.5996 9 0.12% 0 0.00'!6 9 /0 7,543 100.00'!6 6,390 100.00'!6 1,153 18.0496
Retail Motorcycle Sales Report (as of 2004/May) National Brands & Segments
Ontario Layer3 of6 Category: Street 651 cc+
MTD %of Prior %of Unit 96 Change Volume Year Volume Change MTD
Aprllla 0 0.0096 0 0.0()')6 0 /0 BMW 35 2.02% 30 J.5()')6 5 16.6796 Buell 7 0.4()')6 5 0.2596 2 40.0()')6 DucaU 8 0.4696 10 0.5()')6 -2 -20.0()')6 1-larley~Davtclson 678 39.06% 703 35.2()')6 -25 -3.5696 l-Ionda 359 20.6891> 399 19.9896 -40 -10.0396 lITM 0 0.0()')6 0 0.0096 0, /0 f{awasakt 230 13.2596 243 12.17% -13 -5.3596 Polaris 5 0.29% 8 0.4()')6 -3 -37.5()')6 Suzuki 206 11.87% 324 /6.2296 -118 -36.4296 Trlulnph 12 0.6996 10 0.5()')6 2 20.0()')6 Yamaha 196 JJ.2996 265 13.2796 -69 -26.0496 Brands 1,736 100.0096 1,997 100.0()')6 ·261 -13.0796 Custom/Classic 1,086 62.5696 1,314 65.80% -228 -17.3596 Sport 291 16.76% 310 15.5296 -19 -6.1396 Touring 358 20.62% 373 18.6896 -15 -4.0296 Custum/Classlc 1 0.06% 0 0.0()')6 1 /0 Segments 1,736 100.0()')6 1,997 100.0()')6 ·261 -13.07% PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
YTD %of Prior %of Unit 9f1 Change Volume YTD Volume Change
1 0.0196 0 0.0()')6 1 /0 184 2. 7496 168 2.5196 16 9.52% 37 0.55% 55 0.8296 -18 -32.73% 60 0.8996 41 0.6196 19 46.3496 2,397 35.7496 2,337 34.9896 60 2.57% 1,332 19.8696 1.426 21.3496 -94 -6.5996 0 0.0()')6 0 0.0()')6 0 /0 689 10.27% 613 9.18% 76 12.4()')6 23 0.3496 19 0.2896 4 21.0596 917 13.67% 969 14.5()')6 -52 -5.37% 65 0.9796 72 1.0896 -7 -9.72% 1,001 14.9396 981 14.6896 20 2.0496 6,706 100.0()')6 6,681 100.0()')6 25 0.37% 4,327 64.52% 4, 112 61.5596 215 5.2396 ' 1,085 16.1891> l, 195 17.8996 -llO -9.2196 1,291 19.2596 1,374 20.5796 -83 -6.0496 3 0.04% 0 0.0()')6 3 /0 6,706 100.00% 6,681 100.0()')6 25 0.37%
Retail Motorcycle Sales Report (as of 2004/May) National Brands & Segments
Quebec Layer4of6 Category: Street 651 cc+
MTD %of Prior 96 of Unit 96 Change Volume Year Volume Change MTD Aprilla 0 0.0096 0 0.0096 0 JO BMW 51 2.14% 36 1.3896 15 41.67% Buell 15 0.63% 5 0.19% JO 200.0096 DucaU 5 0.21% 3 0.1196 2 66.67% liarley-Davldson 557 23.33% 553 21.1896 4 0.7296 Honda 464 19.44% 641 24.55% -177 ·27.61% lffM 0 0.0096 0 0.0096 0 JO Kawasaki 579 24.26% 478 18.3196 101 21.1396 Polaris 2 0.0896 0 0.0096 2 JD Suzuki 284 1 l.9096 398 15.2496 -114 -28.6496 Triumph 25 l.05% 9 0.3496 16 177.7896 Yamaha 405 16.97% 488 18.6996 ·83 -17.0196 Brands 2,387 100.0096 2,611 100.0096 -224 ·8.5896 Cuslom/CJassJc l.615 67.66% J,794 68.7196 -179 -9.9896
Sport 477 19.9896 459 17.5896 18 3.92% Touring 295 12.36% 358 13.71% -63 -17.6096 Cuslum/Classlc 0 0.0096 0 0.0096 0 JO Segments 2,387 100.0096 2,611 100.00% -224 -8.5896 PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
YTD 96 of Prior %of Unit 96 Change Volume YTD Volume Change 0 0.0096 0 0.0096 0 JO 180 2.08% 176 2.4396 4 2.2796 50 0.5896 18 0.2596 32 177.7896 36 0.42% 35 0.4896 I 2.8696 2,027 23.4696 1.750 24.1996 277 15.83% 1,494 l 7.2996 1.685 23.3096 -191 ·11.34% 0 0.00'16 0 0.0096 0 JO .'1,653 19.1396 902 12.4796 751 83.26% 11 0.1396 2 0.0396 9 450.0096 1,194 13.8296 1,174 16.23% 20 1. 7096 68 0.7996 40 0.55% 28 70.0096 1,926 22.2996 1,451 20.0696 475 32.74% 8,639 100.009(, 7,233 100.0096 1,406 19.4496 5,795 . 67,0896 4,806 66.4596 989 20,5896 ..
1,627 . 18.8396 1,231 l 7.0296 396 32.17% 1,217 14.0996 1.196 16.54% 21 1.76% 0 0.009(> 0 0.0096 0 JO 8,639 100.0096 7,233 100.0096 1,406 19.44%
Retail Motorcycle Sales Report (as of 2004/May) National Brands & Segments
Mari times Layer5 of6 Category: Street 651 cc +
MTD %of Prior %of Unit 96 Change Volume Year Volume Change MTD Aprilla 0 O.OD% 0 0.0096 0 10 BMW 1 0.2096 I D.21% 0 D.D096 Buell 0 O.D096 0 D.D096 0 ID Duca ti 1 D.2D% 0 D.D096 1 ID Harley~Davldson 139 28.14% 90 19.1996 49 54.4496 Honda 104 21.D596 104 22.1796 0 D.0096 lCTM 0 D.D096 0 D.D096 0. ID Kawasaki 109 22.D6% 86 18.3496 23 26.7496 Polaris 2 0.4D% 2 D.4396 0 D.D096 Suzuki 75 15.18% 117 24.9596 -42 -35.9096 Triumph 2 0.4096 2 D.4396 0 0.D096 Yamaha 61 12.3596 67 14.2996 -6 ·8.9696 Brands 494 10D.DD% 469 10D.D096 25 5.3396 CuslomlClasslc 370 7'1.9D% 349 74.41% 21 6.D2% Sport 52 10.53% 68 14.5D% -16 -23.5396 Touring 72 14.57% 52 11.D9% 20 38.46% Cuslum/Classlc 0 D.D096 0 D.DD96 0 ID Segments 494 10D.DD96 469 10D.D096 25 5.3396 PowerPlay Report, Fred Deeley Imports Ltd. Confidential, Tuesday, June 08, 2004 Note: Reporting period starts in September.
YTD %of Prior 96 of Unit 9fl Change Volume YTD Volume Change 0 O.OD% 0 0.0096 0 IO 3 D.18% 7 0.53% -4 ·57.14% 9 D.55% 5 D.38% 4 8D.D09(> 1 D.D6% 0 O.D09f, 1 ID 501 30.4096 352 26.73% 149 42.33% 314 19.05% 281 21.3496 33 11.7496 0 D.009(, 0 O.DD96 0 IO :. 238 14.44% 207 15.7296 31 14.9896 17 1.D3% 3 0.2396 14 466.6796 236 14.3296 236 17.9296 0 O.D096 29 1.76% 8 D.61% 21 262.5D96 300 18.2096 218 16.5596 82 37.6196 1,648 10D.D096 1,317 100.0096 331 25.1396 1, 199 72.7596 955 72.51% 244 25.5596 206. l2.5D% 17D 12.91% 36 21.1896 243 14.75% 192 14.5896 51 26.56% 0 D.D096 0 O.D096 0 ID 1,648 10D.DD% 1,317 10D.D096 331 25.1396
EXHIBIT ''C''
This is Exhibit "C" referred to in the Affidavit of
Bremner J. Green Affirmed before me this 9th day of July, 2004
/~= - -, 'iEW V\l!LUAM L.<\.\11/LESS '1ssioner, etc .. Province of '._while a student-at-law: ;~;;p1res April 20, 2007. • 21294218.l
- Motorcycle Market Share Information for Canada -As of May. 31, 2004 Harley-Davidson Street Bikes (651 cc+) H-D Market Share (units retailed) (units retailed) YTD 9-03 to May-04 7,620 Sep-02 to Aug-03 9,954 Sep-01 to Aug-02 9,668 Sep-00 to Aug-01 7,961 Sep-99 to Aug-00 8,296 Sep-98 to Aug-99 7,592 Sep-97 to Aug-98 6,483 Sep-96 to Aug-97 5,807 Sep-95 to Aug-96 5,127 Sep-94 to Aug-95 4,914 Sep-93 to Aug-94 4,312 Sep-92 to Aug-93 4,102 Sep-91 to Aug-92 3,814
(%) 24,670 30.9% 34, 167 29.1% 31,857 30.3% 27,923 28.5% 25,243 32.9% 21,934 34.6% 15,821 41.0% 14, 166 41.0% 11,835 43.3% 10,962 44.8% 8,715 49.5% 8,042 51.0% 6,855 55.6%
EXHIBIT ''D''
This is Exhibit "D" referred to in the Affidavit of
Bremner J. Green Affirmed before me this 9th day of July, 2004
21294218.J
2003 $6,000 Cruiser Shootout - MotorcycleUSA.com Page 1of1 MatorcydeU5A 5uper!iit:ore Parts Dept. See ,,, , w .,,, h . at's avaliable for your bi!te or ATV! .. : . . . . : . • .:. . . · .·-·•!N -~ (l . · ° ·· ; ;J ··· ! ·· ' · ? ··· ? ··· " ·-iii) >m=<rut"""""'m."""'"' 'j}~~•v. -::::c@?_.: ~~~-Jnltll\'hl.~Nv.l .Jf.r}:f(J!.11(). ... 2003 $6,000 Cruiser Shootout 8/21/2003 -'~ By Brian Korfhage and Kevin Duke Superst.".re Photos by Tom Lavine and Joe Magnani ~Jl()r.t_!!IJ~lr!11g Off Road Good Cents Cruisers Cruiser It seems as though the trend in the motorcycle industry right now is to build bigger, faster, more powerful Bike Tests motorcycles. It's relatively easy to create a quality ..~ !JCin\L__ motorcycle with loads of power and style, but that usually is accompanied by a steep price. Video ------------·--~---·-Photo Galleries The V-Rod, Warrior, and VTX1800 are all impressive Rate The Ride machines, but not everybody can afford to drop that kind of .......................................... money on a motorcycle. Just talking about a bike costing Cla....s....s....i..f..i. e__d____s_ _ 12-large is much easier than actually paying it, especially ._ for the large segment of the population with incomes and Bike Specs performance needs that are equally modest. . Fantas.:l:'.~<l_C:i~1g Moto Trivia That's where the motorcycle manufacturers come in, offering stylish middleweight cruisers that retail for under Ride Guide $6000. ""'"""""""m»•••m•-m•••••
.. ~~~~Jll)~(J.~~ds Taking part in our $6K test is the capable quartet Links comprised of the Honda Shadow Spirit 750, the Harley Contact Us Davidson Sportster 883, the Kawasaki Vulcan 800, and the Suzuki Marauder 800. While some more recent cruisers C\5..:"r.t::h are built to achieve the chunky look of the 1930s and '40s, this foursome goes back to the late-'60s for inspiration, exploring the classic chopper look with a raked out fork and a larger-diameter front wheel (except for the Suzuki's 16-incher.
After a few short rides on each of the machines it was apparent declaring a winner would be a tough task. For example, torque production is within just 2.1 ft.-lbs. among the four bikes, and the three lightest bikes scale in within 16 pounds of each other.
One negative attribute all four bikes share is a small fuel tank. The largest, at 4.0 gallons for the Kawasaki, isn't too bad, but the rest vary from 3.3-3.6 gallons. This limits range to just over 100 miles which makes for frequent stops. Not an issue if you're cruising from cafe to donut shop in town, but it becomes problematic out on the open road.
Even before thumbing the starter to put a piston in motion, one bike stands out from the rest of the pack: Davidson Sportster 883. The grandfather of economic frugality and stripped-down cool first rumbled onto motorcycle scene back in 1957 and was built for speed and performance. The Sportster's reign as the kin performance has passed but it still has the ability to turn heads with the best of today's bikes.
Page 1 12;2<!§.§Z§.~ Next»
II ~--------------- ·~opvri9ht MotonyclBUSA cc•m -----http:// www.motorcycle-usa.com/A rticle_P age.aspx? ArticleID=8 l 717104
2003 $6,000 Cruiser Shootout - MotorcycleUSA.com Page I of I 2003 $6,000 Cruiser Shootout 8/2112003
$"Superstore The base Sportster is a stripped-down roadster that has an s1mrt l.Tourin!I MSRP of just $5975, meeting our price ceiling even if your Off Road local H-D dealer wants to pad the price a bit. The Motor Company didn't have a base model for us to test, so they Cruiser set us up with the 883 Custom, more in the chopper style with a raked-out fork, a larger-diameter front wheel and a Bike Tests passenger seat. Unfortunately, the Custom's price lag is Racing up at $7075, but we still wanted to have Harley represented in this test as it is the class reference point. Video
Photo Galleries Decked out in a cool silver and black paint scheme with 1D oth Anniversary badges, the Sportster has a clear Rate The Ride aesthetic advantage over the other bikes, even in stock Classifieds form. It is, after all, what so many people are looking for in a cruiser: the legendary Harley experience. Considering metric manufacturers have Bike SfleCS cues from H-D recently, it's no su Fantasy Racing One of the most significant components of said experience So1Jrt,1ter is the best looking of the bunch is the beloved Harley exhaust note. But the notes emitted Moto Trivia l'·f o rm a n c e S from our 883cc bike wasn't exactly authentic Wisconsin, as Ride Guide California restrictions keep it from emitting the full-bodied, Make: H galloping note that H-D fruitlessly tried to patent a few Model: Message Boards years ago. With its old-tech, air-cooled, pushrod motor, the MSR Links Sportster breaks no new ground, but the Harley-Davidson badge carries a lot of weight. Contact Us Q. With the biggest engine and the best looks in our group, search could it be that this test is over before it begins? Oh, no, not by a Jong shot. Jfl!Jflf/111 The Sporty's Evolution engine leaves plenty to be desired, C##ANN&L most notably in the vibration department. Even rubber-mounted footpegs can't quell the unrest brewing up from beneath the seat. This phenomenon isn't as noticeable on shorter rides but after several hours on the Sporty, a rider's hands, feet, and mind start to tingle like they were awakening from a Novocain shot. The vibration is so heavy that the handlebar-mounted mirrors are essentially useless because the refiected image is badly distorted.
Despite having the most cubes in this test, the Sportster's aging long-stroke powerplant comes in second place in our dyno horsepower comparison (43 horsepower, 41.4 ft.-lbs. of torque). The decent dyno results actually surprised us Our Custom version of Harley's 883 exce because the H-D engine doesn't feel strong from the cap, but it is nearly identical to the $5975 saddle and, at 522 lbs., ranks mid-pack on our digital
scales.
Page2 «Prev 1 2 3 4 5 6 7 8 9 Next»
II ~---------------Copyright MotorcycleUSA.corn -----http:// www.motorcycle-usa.com/A rticle_ Page.aspx? ArticleID=8 l &Page=2 717104
2003 $6,000 Cruiser Shootout - MotorcycleUSA.com Page I of I 2003 $6,000 Cruiser Shootout 8/21/2003 al" Superstore.
When compared to the Kawasaki Vulcan, the horsepower s11ort 1T ourinu winner, the two-valve-per-cylinder Sporty accelerates like a Off Road cow with ankle weights. The Vulcan pulls hard off the line and revs to the moon, the four-valve-per-cylinder engine Cruiser enjoying better top-end breathing. The Vulcan responds to the throttle with vigor, despite tipping the scales at a Bike Tests heaviest-in-test 550 lbs., and it is able to dust the Sportster Racing when the two are pitted in an informal roll-on test. Video Scrolling through the Sportster's gears is like taking a stroll Photo Galleries through yesteryear: its notchiness and audible clunks are most noticeable when switching over from the Honda, Rate The Ride which is the smoothest shifting bike of the bunch. Shifting Classifieds is further complicated by an extremely stiff clutch, something we often avoided using once underway to Bike Specs prevent hand cramps. Fantasy Racing The H-D offering once again takes a back seat to its Moto Trivia Japanese counterparts in the braking department, even if it Ride Guide is the only one in the group with a rear disc brake. A squeeze of the front brake lever often turned into a death Message Boards grip as we tried desperately to get the machine to slow Links down. contact Us "The Harley brakes couldn't slow down a tricycle," says Q_search Brian Chamberlain, MCUSA's graphics guru. "The front brake is horrible -you really have to clamp onto the brake lever to get it to come to a stop."
The abundance of vibration and brutally rudimentary CHAIUNOL clutch/transmission might lead one to believe that there is nothing to like about the Sportster. How untrue! The 883 is
still fun to ride short distances, and its chassis makes for a pretty darn good twisty eating machine. When pushed hard you can feel the flex of the chassis, but when ridden within reason the bike performs admirably on tight two-lane roads.
The Sportster has the best ground clearance of the group (which isn't saying much) and its riding position is a little hunched forward, but not uncomfortably so. The pegs are high and forward, almost like rudimentary highway bars, which is one of the more comfortable aspects of riding the The 883 Custom proved to be fun to ride Sporty over long distances.
~---------------Copyright MotorcyclelJSA.corn ----
http://www.motorcycle-usa.com/A rticle_ Page.aspx? ArticleID=8 l &Page=3
vibration from the air-cooled V-Twin got on longer trips. Page3 «Prev 1 2 3 4 5 6 7 8 9 Next»
717104
2003 $6,000 Cruiser Shootout - MotorcycleUSA.com Page I of I 11tHome 2003 $6,000 Cruiser Shootout 8/21/2003 lilif" Superstore
The Sportster rivals the Honda in terms of fit and finish and Sport I Touring it also boasts the only set of self-canceling tum signals, OffRoaCI which is a very nice feature for a bike possessing such a low price tag. The abundance of chrome and killer looks Cruiser make it clear that even if Harley can't win the performance wars they refuse to finish second to anyone when it comes Bike Tests to aesthetics. Racing The Kawasaki's pluses and minuses are the exact Video opposite of the Sporty. While the Sporty is all show, the Photo Galleries Vulcan is all go, a redeeming factor considering the $5,999 Vulcan is basically an aesthetic abortion. The Vulcan Rate The Ride possesses all the style of the awkward cruiser-style bikes Classifieds Japanese companies offered 20 years ago before they figured out how to properly rip off the Harley look. The Kawasaski Vulcan's biggest shortco Bike Specs tight ergos and dated styling, flaws that m Fantasy Racing The Vulcan's raked-back handlebar in combination with the group couldn't get past. cramped riding position makes long rides uncomfortable, Moto Trivia and even its lively 805cc V-Twin can't save the Kawasaki's s Ricle Guicle ergonomics from being criticized. While the other metric manufacturers have updated their style, the Vulcan is Mak Message Boar(Js archaic - it's a deadly sin in the style-conscious cruiser Mode segment. MS Links Contact Us The Vulcan's liquid-cooled Twin was the clear winner on Q. Search the dyno thanks to a cool 47.8 horsepower at a surprisingly high 7500 rpm, the highest of the group in both respects. Torque, at 39.3 fl.-Jbs., is just barely the lowest in our test, 1!1111111 but its peak comes at a relatively low 3500 rpm. The Twin feels good at any pace and excels at rapid cruising CHANNOL speeds. If not for that beefy little engine, the Vulcan might've been left at home after just a few rides. The pillow-like seat becomes uncomfortable after an hour on the road and the close-coupled handlebars make an already smallish-feeling bike feel even more cramped for riders taller than 5'11". In fairness to the Vulcan, our shortest tester, Ken Hutchison, who measures in at 5'8", wasn't bothered by its size.
"I don't think it felt as small as everyone else," commented Hutchison. "But the bars and styling could use an update. I felt like I was riding something from 1981."
Page4 «Prev 1 2 3 4 5 fl 7 8. 9 Next» ~---------------Copyright MolorcycleUSA.corn ----
http://www.motorcycle-usa.com/A rticle_P age.aspx?A rticleID=8 l &Page=4
The Kawasaki's 8-valve V-Twin cranks o than its rivals, but the Vulcan was ultima its tepid appearance.
717104
2003 $6,000 Cruiser Shootout - MotorcycleUSA.com Page I of 1 lll(oJ;orcc:14c:~lJ5A !iupl!Wiil:of"e P~ Oept;, See what's available for your bike or ATV! . ~@$·4f@ ill?f.l~W2~ 1ftHome 2003 $6,000 Cruiser Shootout 8/21/2003 \i!l!f" Superstore
If not for its dated styling, the Vulcan has the potential to S11ort I Touring dominate its middleweight competition. The 805cc machine Off Road responds with vigor when pushed hard on twisty roads, and the smooth transmission and clutch gives us every Cruiser reason to want to scroll through the gears. The Vulcan carves comers reasonably well and we enjoyed scraping Bike Tests its pegs in tight comers. In fact we had so much fun lhal Racing we likely pushed the Kawasaki beyond any of its design limitations. Basically we hauled ass on the Vulcan and had Video a good time doing it. Photo Galleries The brakes are not exactly top-notch on any of the Rate The Ride machines, and the Kawasaki falls right in line with the rest Classifieds of the pack, sheepishly announcing its intent to stop with the help of a hydraulic disc in the front and a rear drum The Honda Shadow boasts typical Hand Bike Specs brake. Its controls and gauges perform reasonably well, engine makes torque in the right areas m Fantasy Racing but the plastic housings feel and look a little cheap, even competitive on the street despite the sm for a middleweight value cruiser. displacement in the middleweight class. Moto Trivia Ricfe Guide Where Kawasaki fails, Honda wins in a big way. The winged logo is renowned for refinement and attention to Message Boar_cls Fleefside ~ detail, and on the Shadow Spirit, Honda comes up golden. w., 5143.95 Links Pulling the clutch is effortless and combines with a buttery transmission, which made several of our riders gush about Contact Us the Honda's refinement. to~! Q_search "The Shadow is the winner for me, hands-down," says ON! Chamberlain, a former road racer. "None of the bikes really #11161111 possesses the power to blow me away and at that point it boils down to looks and refinement, and the Honda is way CH.ANN DI. ahead of the rest of the bikes.'' s Ma The Shadow Spirit's bluish-purple flame job is a crowd Model: pleaser as well. More than one casual observer MSR complimented us on the bikes, but even long-time cruiser owners had a difficult time believing the bike's flame job was straight from the factory.
The Shadow, however, comes up a bit short on the dyne. Its 745cc motor is outgunned by at least 60 so it's no surprise that its 36.4 horsepower is the least here. It makes up for a lack of ponies by its in-lbs. of torque coming at just 3250 rpm, the lowest revs in this category.
But even though Honda fails to compete in the horsepower war, the Shadow at least fools our sense have a mini powerhouse between our legs (keep the comments to yourselves). Being nearly three do lighter than the Kawasaki helps the power-to-weight ratio.
Page 5 «Prev 1 2 3 4 5 6 7 8 9 Next»
II ~---------------Copyright MotorcycleUSA.com ----http://www.motorcycle-usa.com/A rticle_ Page.aspx? ArticleID=81 &Page=5 717104
2003 $6,000 Cruiser Shootout - Motorcycle USA.com Page I of I 1'1-Home 2003 $6,000 Cruiser Shootout 8/21/2003 ~Superstore While none of the bikes are particularly tall, Honda boasts Sport I Touring the lowest seat height at 26.6 inches, a welcome feature Off Road for shorter riders. Furthermore, the saddle is one of the most comfortable of the bunch. However several taller Cruiser riders felt pressure on the tailbone on long rides. The suspension on the Honda draws plenty of praise. While the Bike Tests forks on the Suzuki may be a touch soft when braking, the Racing Honda's 41 mm fork, with 5.1 inches travel, might not be as easy over bumps and dips, but the stiffer suspension feels Video better on twisties and tight corners. Photo Galleries The brakes on the Shadow are pretty good considering the Rate The Ride bike only has one disc brake, a 296mm disc with twin-Classifieds piston caliper. The rear brake is a traditional drum, but we were never in dire need of additional braking support like The Suzuki Marauder 800, with a 16-inc Bike Specs we were on the Harley Davidson. the bike in our test to come with a s Fantasy Racing Honda's attention to detail goes beyond the mechanical s Moto Trivia aspect of the bike. The controls are most visible on the Ricle Guide Honda and easily accessible. The materials are on par with Ma the Sportster and look like they belong on a bike that has Mode Message Boards double the price tag. Its only detail shortfall is being the MS Links only bike of the group not to have a hinged fuel cap. Contact Us In nearly every shootout there always seems to be one Q_ Search bike which does everything quite well, but doesn't stand Bottom l out until final analysis. In our recent 60Qcc sportbike sho0to_ut it was the all-round capable Yamaha R6. In this Rider: Sri case it is Suzuki's middleweight offering. Age: 28 Height: 6'0 CHANllll!!L The Marauder's name is likely derived from the fact that Weight: 185 the Japanese manufacturer appears to have looted the H- Years Riding: 3 D design department. When lined up next to the Sporty, Skill Level: No the Marauder actually looks eerily similar to its American For My Money. .. counterpart. So much so that on several occasions passerbys would act surprised to read "Marauder'' on the The Shadow and the Marauder were pre side of the tank. Suzook took the lead because of styling front tire?) and ergos; the Shadow was ju Thanks to its H-D-inspired paint scheme the Marauder is a for my frame. They were close, but the M fine looking machine and is the only one in the group to tops for me. utilize a beefy 130-series front tire. Our test model came with a windscreen and a set of soft leathers neither of which come on the stock Marauder.
Page6 «Prev 1 2 3 4 5 6 7 8 9 Next»
~---------------Copyrigl1t MotorcycleUSA.com ----
http://www.motorcycle-usa.com/A rticle_P age.aspx?A rticleID=8 i &Page=6
717104
2003 $6,000 Cruiser Shootout - MotorcycleUSA.com Page 1of1 Jackets 2003 $6,000 Cruiser Shootout 8/21/2003 'ilf" Superstore Prior to the running the Suzuki on the dyno, we thought its S1mrt I Touring 805cc, liquid-cooled, 45-degree V-Twin would rank up with Off Roacl the Vulcan in terms of outright power. But it actually comes in third in a group of four with 41.0 horsepower. Cruiser The Marauder presents the illusion of power by making the Bike Tests bike the lightest in the group. Even with the saddlebags, Racing the Suzuki scaled in at just 506 pounds. Also helping the squirt factor is the best torque-to-weight ratio and lowest-Video rpm horsepower peak. The Marauder jumps off the line Photo Galleries and leaps forward with a twist of the throttle. Even at higher cruising speeds, the Marauder responds remarkably Rate The Ride well, and zipping past highway traffic is not a concern. Classifieds The Marauder was praised early and often by bigger riders Suzuki did a good job at dressing up the Bike S11ecs for its roomy seating position and ability to accommodate degree V-Twin in the budget-priced Mara Fantasy Racing longer legs. A 200-plus-mile ride through the twisties on Highway 199 to the Oregon coast was rather enjoyable on Moto Trivia the comfy Marauder. It inspired confidence in many of our Ricle Guicle riders when navigating curvaceous roads in our test group thanks to a steady inverted fork and wider front tire. Many Message Boarcls of our testers felt a little hesitant to push the bikes with the Links thinner front wheels and believe the Marauder best responds to high-performance situations. Contact us Q.search The Marauder's limiting factor in the corners is its ground clearance. Pegs touch the tarmac with little effort, and beyond that is a solid kickstand that has the potential to 1661!11/ inflict pain upon unsuspecting riders. After examining the l potential for damage we limited our lean angles severely. Rider: Ke CHANl'llDL Age: 33 The Marauder's controls are functional and well laid out, Height: 5'8 giving the rider clear visual access to the speedo and Weight: 18 control center. However, our test group turned their Years Riding: 13 collective nose up at the generic turn signal lever and Skill Level: Sq starter button that appear to be milled of the same hard For My Maney. .. plastic material as the Vulcan. It's an easy call picking the winner this tim The Marauder didn't garner wild overt praise, but it Marauder has what it takes to be my num received few complaints. Suzuki builds a solid After riding the bikes back-to-back the Su middleweight cruiser - toward the end of our test we itself from the competition thanks to supe started comparing the other machines to the Suzuki delivery and it has the most comfortable because of its middle-of-the-road tendencies. Plus, it's the best-looking bike of the grou Page? «Prev 1 2 3 4 5 6 7 8 9 Next»
'----------------Copyri~1111 MotorcycleUSA.com -----
http://www.motorcycle-usa.com/A rticle_P age.aspx?A rticleID=81 &Page=7
717104
2003 $6,000 Cruiser Shootout - MotorcycleUSA.com 2003 $6,000 Cruiser Shootout 8/21/2003
~Superstore. At the conclusion of the test we found ourselves scratching S11ort !Touring our heads over which bike was the winner. We had a tough Off Road decision to make because each bike presented a different argument. What one machine lacks, the others seem to Cruiser have plenty of. Bike Tests Unfortunately for Kawasaki, the Vulcan's antiquated styling Racing not only looks bad, but it makes for an uncomfortable riding position. Even with the best engine of the bunch, the Video Vulcan's stylistic and ergonomic shortcoming can't be Photo Galleries overlooked: The Vulcan ranks last. Rate The Ride The Sportster turns out to be a preview of the Harley-Classifieds Davidson experience, and with that comes the good and the bad. It's a chance to travel with the circus without Suzuki Marauder or Honda Shadow Spir Bike Specs committing your life savings, which for some people, this test would emerge from this duo of 6 Fantasy Racing makes the Sportster the perfect bike. Bottom l Moto Trivia For our test group, however, the Sportster's lack of Ride Guide performance and refinement left our thirst unquenched. On Rider: Brian the bright side, the Sportster is a fun little bike and has the Age: 32 Message Boards best looks of any of the cruisers, but its shortcomings are a Height: 6'0" links little too short and subsequently it falls to third in our Weight: 175 shootout. Years Riding: 23 Contact us Skill Level: Preti Q.search The elimination of the Sportster and the Vulcan leaves us For My Money. .. with two very good bikes: the Suzuki Marauder and the Honda Shadow. The Suzuki wins the ergonomic war, but The Harley was too unrefined and the Ka Honda is tops in fit and finish. Both scored well on the outdated. This left the Honda and the Su perfonmance card and their relatively proximity in most performed very well. Good brakes, motor C#,ANNCL categories left our test group with a split decision. handling from each bike. The Suzuki ten way too soon which discouraged me a bi All things considered, it's the competent Marauder that hand, the Honda was less comfortable th wins this comparison. It scores well aesthetically and the end, the Honda seemed a little more mechanically and exceeds the perfonmance of the Honda. little more stylish than the Suzuki which w It isn't as refined but it's close. And ergonomically, the favor the Honda, but just by a hair. Suzuki better fits riders of all sizes, especially larger ones. The Honda feels a wee bit too small on Ion footers while the Marauder allows more room to stretch out.
Page 8 «Prev 1 2 3 4 5 6 7 8 9 Next»
~---------------Copyright MotorcyclelJSA.corn ----
http://www.motorcycle-usa.com/A rticle_P age.aspx? ArticleID=8 ! &Page=8
Page I of I llllllllllltl ftJll.I} 11111111
717104
2003 $6,000 Cruiser Shootout - Motorcycle USA.com Page 1of1 1ftHome 2003 $6,000 Cruiser Shootout 8121/2003 ':ilif" Superstore
But just like our 600 shootout, the objective winner in the Sport I Touring test came in second to a Honda in the bike each of our test Off Road riders would pick as their own bike. Cruiser "I thought the test really boils down to two bikes, the Honda and the Suzuki," sums up Don Becklin, MCUSA Bike Tests President and long-time road racer. "But, for my money, I Racing would buy the Honda. It has typical Honda refinement, and judging by Honda's track record in the past, the bikes are Video probably going to run forever." Photo Galleries Despite the modest price point these cruisers are built to Rate The Ride hit, we were impressed by how much style and Classifieds performance is available for $6000. There's little question this market will get increased attention as cruiser riders In the end it was the capable and stylish Bike S1iecs look for the best value for their dollars. And we shouldn't Marauder that stood tallest in our $6,000 Fantasy Racing be surprised when manufacturers get even more competitive in this hotly contested market segment. Moto Trivia What Do You Think? Ride Guide Share you thoughts o cruiser shoot out in t Message Boards Test Forum links Talk Back Now! Contact Us Q_search Page9 «Prev 1 2 3 4 5 6 7 8 9
CHANNl!IL
'---------------- Copyrigl1t MotorcycleUSli..corn ----
http://www.motorcycle-usa.com/A rticle_P age.aspx?A rticleID=S 1& Page=9
717104
ROBINSON MOTORCYCLE LIMITED FRED DEELEY IMPORTS LTD. File No: CT-2004-007 Applicant and Respondent CANADA COMPETITION TRIBUNAL
AFFIDAVIT OF BREMNER J. GREEN (Sworn July 9, 2004)
BLAKE, CASSELS & GRAYDON LLP Box 25, Commerce Court West Toronto, Ontario M5L !A9
R. Seumas M. Woods LSUC #301691 Tel: (416) 863-3876
Christopher Hersh LSUC #43080N Tel: (416) 863-3056
Matthew Horner LSUC #47163B Tel: (416) 863-2356 Fax: (416) 863-2653
Solicitors for the Respondent, Fred Deeley Imports Ltd.
21292534.4