Rona -Order to schedule the motion filed by the Commissioner of Competition on January 21, 2005 and amended on January 28, 2005 (Professional English translation, not revised)

Rona -Order to schedule the motion filed by the Commissioner of Competition on January 21, 2005 and amended on January 28, 2005 (Professional English translation, not revised)

The Tribunal exercised its procedural authority under the Competition Tribunal Rules and Federal Courts Rules to set an expedited timetable and to schedule the Commissioner’s motion to strike, directing specific dates for RONA's reply affidavits, reply memorandum, cross-examinations and fixing the hearing for Feb 21-22, 2005.

Citation
2005 Comp Trib 4
Parties
Moving Party: THE COMMISSIONER OF COMPETITION; Responding Party: RONA INC.; Third Party: ERNST & YOUNG ORENDA CORPORATE FINANCE INC.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
3 February 2005
Procedural Posture
Registered Consent Agreement (mergers); Rescission or Variation of Consent Agreement; Application Under S.106 / Pre Hearing Motion to Strike; Scheduling Order Issued (motion to Be Heard Feb 21 22, 2005)
Outcome
Scheduling order issued; motion to strike scheduled for hearing
Legal Topics
Consent Agreement, Rescission of Consent Agreement, Mergers, Motion to Strike, Scheduling Order, Divestiture
Source Language
English
Competition Law Administrative Law Civil Procedure Consent Agreement Rescission of Consent Agreement Mergers Motion to Strike Scheduling Order +1 more

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Parties

THE COMMISSIONER OF COMPETITION

Moving Party

RONA INC.

Responding Party

ERNST & YOUNG ORENDA CORPORATE FINANCE INC.

Third Party

Procedural Posture

Registered Consent Agreement (mergers); Rescission or Variation of Consent Agreement; Application Under S.106 / Pre Hearing Motion to Strike; Scheduling Order Issued (motion to Be Heard Feb 21 22, 2005)

Legal Issues

  1. 1 Whether the notice of application under s.106 seeking rescission of a registered consent agreement should be struck
  2. 2 Whether an expedited timetable should be ordered for determination of the application
  3. 3 Procedural scheduling for affidavits and cross-examinations

Ratio Decidendi

The Tribunal exercised its procedural authority under the Competition Tribunal Rules and Federal Courts Rules to set an expedited timetable and to schedule the Commissioner’s motion to strike, directing specific dates for RONA's reply affidavits, reply memorandum, cross-examinations and fixing the hearing for Feb 21-22, 2005.

Court Disposition

Scheduling order issued; motion to strike scheduled for hearing

Orders

  • RONA will file and serve the reply affidavit(s) on February 10, 2005.
  • RONA will file and serve a reply memorandum of fact and law on February 14, 2005.