Rona - Scheduling Order pursuant to the March 22, 2005 pre-hearing conference (Professional English translation not revised)

Rona - Scheduling Order pursuant to the March 22, 2005 pre-hearing conference (Professional English translation not revised)

Tribunal exercised its case-management authority to set an orderly procedure: hear evidence on the s.106 rescission application first, then evidence on the s.105 sale approval, permit oral arguments after evidence, require specific affidavit and document filing deadlines, set witness list procedures, address confidentiality by permitting counsel to receive documents subject to undertakings or await a hearing determination, and fixed an overall 10-day hearing estimate to serve justice and efficiency.

Citation
2005 Comp Trib 12
Parties
Applicant, Responding Party: RONA Inc.; Respondent, Moving Party: Commissioner of Competition; Intervenor: Ernst & Young Orenda Corporate Finance Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
23 March 2005
Procedural Posture
Competition Tribunal Proceeding (s.106 Rescission Application and S.105 Sale Approval Motion Arising From a Registered Consent Agreement) / Pre Hearing Conference and Scheduling Order (procedural Stage Prior to Full Hearing)
Outcome
Scheduling order issued with detailed procedural directions and interlocutory deadlines; no final determination on the merits of the s.106 or s.105 applications.
Legal Topics
Consent Agreement Rescission (s.106), Sale Approval Under Consent Agreement (s.105), Hearing Procedure and Scheduling, Confidentiality and Undertakings, Admissions and Costs
Source Language
English
Competition Law Mergers and Acquisitions Administrative/tribunal Procedure Consent Agreement Rescission (s.106) Sale Approval Under Consent Agreement (s.105) Hearing Procedure and Scheduling Confidentiality and Undertakings Admissions and Costs

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Parties

RONA Inc.

Applicant, Responding Party

Commissioner of Competition

Respondent, Moving Party

Ernst & Young Orenda Corporate Finance Inc.

Intervenor

Procedural Posture

Competition Tribunal Proceeding (s.106 Rescission Application and S.105 Sale Approval Motion Arising From a Registered Consent Agreement) / Pre Hearing Conference and Scheduling Order (procedural Stage Prior to Full Hearing)

Legal Issues

  1. 1 Whether the consent agreement registered September 4, 2003 should be rescinded under s.106 of the Competition Act
  2. 2 Whether the proposed sale of the Sherbrooke business should be approved under s.105 of the Competition Act
  3. 3 Appropriate procedural schedule for presenting evidence and oral arguments

Ratio Decidendi

Tribunal exercised its case-management authority to set an orderly procedure: hear evidence on the s.106 rescission application first, then evidence on the s.105 sale approval, permit oral arguments after evidence, require specific affidavit and document filing deadlines, set witness list procedures, address confidentiality by permitting counsel to receive documents subject to undertakings or await a hearing determination, and fixed an overall 10-day hearing estimate to serve justice and efficiency.

Court Disposition

Scheduling order issued with detailed procedural directions and interlocutory deadlines; no final determination on the merits of the s.106 or s.105 applications.

Orders

  • Evidence on s.106 application to be heard first, followed by evidence on s.105 application, with oral arguments after evidence
  • Commissioner to respond to RONA’s requests to admit by March 24, 2005