PUBLIC File No. CT-2017-008 THE COMPETITION TRIBUNAL IN THE MATTER OF an application for orders pursuant to section 74.1 of the Competition Act for conduct reviewable pursuant to paragraph 74.01(1)(a) and subsection 74.01(3) of the Competition Act;
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant - and – HUDSON’S BAY COMPANY Respondent
NOTICE OF MOTION OF THE RESPONDENT (Re: Answers to Questions from the Examination for Discovery of the Applicant)
TAKE NOTICE THAT the Respondent, will make a motion to the Competition Tribunal (“Tribunal”) on November 20, 2018, at 10:00 a.m. or as soon thereafter as the motion may be heard.
PUBLIC 2 THE MOTION IS FOR: 1. An Order compelling the Applicant, the Commissioner of Competition (the “Commissioner”) to answer the questions asked during the Examination for Discovery of Adam Zimmerman, held from September 6, 2018 to September 7, 2018 (the “Zimmerman Examination”) which are set out in Schedule “A” to this Notice of Motion, forthwith;
2. An Order compelling the representative of the Commissioner, Adam Zimmerman, to re-attend an examination for discovery, at the expense of the Commissioner, and provide answers to further questions the Respondent may pose arising out of the answers that this Tribunal may compel pursuant to this motion;
3. Costs of this motion; and 4. Such further and other relief as counsel may request and the Tribunal deems just. THE GROUNDS FOR THE MOTION ARE: 5. The Zimmerman Examination took place in Ottawa from September 6, 2018 to September 7, 2018. The Commissioner delivered answers to undertakings, under advisements and refusals on October 15, 2018;
6. The questions set out in Schedule “A” have been refused by the Commissioner; 7. The questions in Schedule “A” are proper questions, seek relevant information, and should be answered;
8. The Competition Tribunal Rules, Rules 2, 34(1), 60, 64, 83; and the Federal Court Rules, Rules 97, 240, 241, 242 and 245; and
9. Such further or other grounds as counsel may advise and the Tribunal may permit.
PUBLIC 3 THE FOLLOWING DOCUMENTA RY EVIDENCE will be used at the hearing of the motion:
1. The chart attached at Schedule" A" hereto; 2. The pleadings and prior proceedings herein; 3. Such further or other material as counsel may advise and this Tribunal may permit. DATED AT TORONTO, ONTARIO this 30th day of October, 2018 SIGNED BY:
Eliot N. Kolers STIKEMAN ELLIOTI LLP 5300 Corrunerce Court West 199 Bay Street Toronto, Ontario, M5L 1B9
Eliot N. Kolers Phone: (416) 869-5637 Email: ekolers@sti.keman.com
Mark E. Walli Phone: (416) 869-5277 Email: mwalli@sti.keman.com
Counsel for Hudson's Bay Company
PUBLIC 4 AND COPIES TO: ATTORNEY GENERAL OF CANADA Department of Justice Canada Competition Bureau Legal Services Place du Portage, Phase 1 50 Victoria Street, 22nd Floor Gatineau, QC K1A 0C9
Alexander Gay (LSUC: 37590R) Tel: (819) 994-3068 Email: Alex.Gay@justice.gc.ca
Derek Leschinsky (LSUC: 48095T) Tel: (819) 956-2842 Email: Derek.Leschinsky@canada.ca
Katherine Rydel (LSUC: 58143I) Tel: (819) 997-2837 Email: Katherine.Rydel@canada.ca
Counsel for the Commissioner of Competition AND TO: THE REGISTRAR Competition Tribunal Thomas D’Arcy McGee Building 90 Sparks Street, Suite 600 Ottawa, ON K1P 5B4 Tel: (613) 956-7851 Fax: (613) 952-1123
PUBLIC File No. CT-2017-008 THE COMPETITION TRIBUNAL IN THE MATTER OF an application for orders pursuant to section 74.1 of the Competition Act for conduct reviewable pursuant to paragraph 74.01(1)(a) and subsection 74.01(3) of the Competition Act.
THE COMMISSIONER OF COMPETITION Applicant - and -
HUDSON’S BAY COMPANY Respondent __________________________________________ NOTICE OF MOTION OF THE RESPONDENT __________________________________________
STIKEMAN ELLIOTT LLP 5300 Commerce Court West 199 Bay Street Toronto, Ontario M5L 1B9
Eliot N. Kolers Tel : (416) 869-5637 Email: ekolers@stikeman.com
Mark E. Walli Tel: (416) 869-5277 Email: mwalli@stikeman.com
Counsel for Hudson’s Bay Company