PUBLIC
THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34 AND IN THE MATTER OF the proposed acquisition by Rogers Communications Inc. of Shaw Communicates Inc.; and
CT-2022-002
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 92 of the Competition Act
B E T W E E N:
COMMISSIONER OF COMPETITION
- and – ROGERS COMMUNICATIONS INC. and SHAW COMMUNICATIONS INC.
Applicant
Respondents AFFIDAVIT OF DOCUMENTS I, Marisa Wyse, of the City of Toronto, in the Province of Ontario, SOLEMNLY AFFIRM THAT:
1. I am the Chief Legal Officer, of the Respondent, Rogers Communications Inc. (“Rogers”), and I am duly authorized to execute this Affidavit on behalf of Rogers.
2. I have conducted or caused to be conducted a diligent search of the potentially relevant documents of Rogers and have made appropriate inquiries of others to inform myself in order to make this Affidavit.
3. This Affidavit discloses, to the full extent of my knowledge, information and belief, all of the documents relevant to any matter in issue in this proceeding that are or have been in the possession, power or control of Rogers.
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PUBLIC
PUBLIC
PUBLIC
SCHEDULE “A” The following are the documents that are in the possession, control or power of Rogers and that it does not object to producing for inspection:
•
•
•
•
Documents produced by Rogers to the Commissioner of Competition (the “Commissioner”) on August 11, 16 and 17, 2021, in response to the Commissioner’s Supplementary Information Request to Rogers dated June 3, 2021 (“SIR”);
Data produced by Rogers to the Commissioner by way of secure hard drive on or about July 11, 2022, in response to the request set out in paragraph 7(b) of the Discovery Plan dated June 28, 2022;
Data produced by Rogers to the Commissioner on July 29, 2021, in response to the SIR; and
Documents listed in the attached table as Schedule “A”.
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SCHEDULE “B” In this Schedule “B” to the Affidavit of Documents: • “Solicitor-client privilege” means the privilege attaching to documents that constitute, contain or reflect confidential communications passing between a client, or an expert retained on behalf of a client, and the client’s lawyers, where the communications were made in the course of the obtaining or providing of legal advice, and the lawyers were acting in a professional capacity as lawyers;
•
•
“Litigation privilege” means the privilege attaching to documents that were created or came into existence for the dominant purpose of assisting a party or its lawyers in the conduct of pending or reasonably anticipated litigation; and
“Without prejudice privilege” means the privilege attached to documents constituting communications between the parties or their lawyers made for the purpose of attempting to compromise or settle the litigation or the issues between them, or expressing opinion or views on the merits of the litigation.
The following are the relevant documents that are or were in the possession, control or power of Rogers and that it objects to producing on the basis of privilege:
•
Please see the attached list as Schedule “B”.
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SCHEDULE “C” The following are the documents that were formerly in the possession, power or control of Rogers but are no longer in its possession, power or control:
None.
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PUBLIC
CT-2022-002
THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34
AND IN THE MATTER OF the proposed acquisition by Rogers Communications Inc. of Shaw Communicates Inc.; and
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 92 of the Competition Act
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant - and - ROGERS COMMUNICATIONS INC. and SHAW COMMUNICATIONS INC.
Respondents AFFIDAVIT OF MARISA WYSE (Sworn July 15, 2022)
LAX O'SULLIVAN LISUS GOTTLIEB LLP Counsel Suite 2750, 145 King Street West Toronto ON M5H 1J8
Jonathan C. Lisus LSO#: 32952H jlisus@lolg.ca Tel: 416 598 7873 Crawford G. Smith LSO#: 42131S csmith@lolg.ca Tel: 416 598 8648 Matthew R. Law LSO#: 59856A mlaw@lolg.ca Tel: 416 849 9050 Bradley Vermeersch LSO#: 69004K bvermeersch@lolg.ca Tel: 416 646 7997 John Carlo Mastrangelo LSO#: 76002P jmastrangelo@lolg.ca Tel: 416 956 0101 Patrick Wodhams LSO#: 82991W pwodhams@lolg.ca Tel: 416 956 0116
Lawyers for the Respondent Rogers Communications Inc.
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