March 11 , 2026 BY EMAIL Registrar of Competition tribunal@tribunal .gc.ca 90 Sparks Street, Suite 300 Ottawa, ON, K1 P 584
FRED DIONNE L~GAL INC. DROIT DES AFFAIRES / BUSINESS LAW
Me Frederic Dionne Direct Line: 514.995.5334 fred@fredlegal.com
Dear Registrar: Re: BX Labs Inc. v Vista, Media, Inc. - CT-2025-006 (the "Proceeding") Additional Agenda Item for Case Management Conference - March 12, 2026
We are co-counsel to 8X Labs Inc. ("8X" or the "Applicant"), in the Proceeding. The counsel of the respondent Vistar Media Inc. ("Vistar" or the "Respondent") has been served with a copy of this letter. We respectfully ask that this letter be brought to the attention of the Honourable Justice Little in advance of the Case Management Conference ("CMC") scheduled for March 12, 2026.
We write pursuant to the Tribunal's Direction dated March 9, 2026 (Registry Document No. 36), which invites the parties to advise the Registry of any additional issues they would like to discuss at the CMC at least 24 hours in advance. The Applicant respectfully requests that the following additional item be added to the agenda for the CMC:
Additional Evidence of the Applicant Following the Tribunal's Authorization under Rule 119(3)
A. By its Order dated 24 February 2026 ( BX Labs Inc. v Vista, Media Inc., 2026 Comp Trib 8, Registry Document No. 34 ), the Tribunal authorized the Respondent to adduce responding evidence pursuant to Rule 119(3) of the Competition Tribunal Rules, SOR/2008-141, by filing executed versions of the draft Mitchell Affidavit and the draft Fraser Affidavit. In light of this authorization, the Applicant respectfully submits that it should be permitted to file a supplemental affidavit and updated evidence in reply to the Respondent's authorized evidence, in order to ensure that the record before the Tribunal is complete and that the Applicant has a full and fair opportunity to respond to the matters raised by the Respondent's evidence.
Specifically, the Applicant anticipates seeking the Tribunal's directions at the CMC with respect to: (i) the procedure and timetable for the filing of a supplemental affidavit from an existing deponent in reply to the Respondent's Rule 119(3) evidence; (ii) the procedure for filing a video exhibit forming part of that supplemental affidavit; and (iii) the question of whether the supplemental affidavit and video exhibit will be subject to the confidentiality order currently under discussion between the parties and the Tribunal.
The Applicant is available to discuss this matter at the CMC and will be prepared to address the Tribunal's questions or concerns regarding the proposed procedure for filing the supplemental evidence.
Should the Tribunal have any questions or concerns, please do not hesitate to contact the undersigned.
Yours truly, Fred Dionne Legal Inc.
By:
cc :
Frederic Dionne
Bennett Jones LLP Dylan Yegendorf Emrys Davis Ethan Schiff
LCM Lawyers Inc. Sebastien Caron David Quesnel
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