Rona - Order to schedule the motion filed by the Commissioner of Competition on March 1, 2005 and the motion to be filed by Rona to strike the Commissioner's Response filed February 25, 2005 (Professional English translation not revised)

Rona - Order to schedule the motion filed by the Commissioner of Competition on March 1, 2005 and the motion to be filed by Rona to strike the Commissioner's Response filed February 25, 2005 (Professional English translation not revised)

The Tribunal exercised its procedural authority to set deadlines and schedule both the Commissioner’s motion to convert the trustee’s filing de bene esse and Rona’s motion to strike, ordering specific filing and response dates and scheduling a conference call hearing on March 7, 2005, and related pre-hearing and hearing dates in April 2005; no substantive disposition on the merits of either motion was made in this order.

Citation
2005 Comp Trib 8
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
1 March 2005
Procedural Posture
Variation of Consent Agreement and Merger Proceedings / Scheduling Order and Motions Stage
Outcome
Order to schedule the Commissioner’s conversion motion and Rona’s motion to strike with specified filing deadlines and hearing dates; no substantive determination of the motions' merits.
Legal Topics
Consent Agreement Variation, Section 106 Application, Motion to Strike, De Bene Esse Conversion of Filings, Scheduling Order
Source Language
English
Competition Law Mergers Administrative/tribunal Procedure Consent Agreement Variation Section 106 Application Motion to Strike De Bene Esse Conversion of Filings Scheduling Order

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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

Variation of Consent Agreement and Merger Proceedings / Scheduling Order and Motions Stage

Legal Issues

  1. 1 Whether the Commissioner’s response should be deemed the motion and the trustee’s motion deemed the response (conversion de bene esse)
  2. 2 Whether specified paragraphs of the Commissioner’s response to Rona’s section 106 application should be struck
  3. 3 Appropriate timetable and procedure for hearing competing motions and the section 106 application

Ratio Decidendi

The Tribunal exercised its procedural authority to set deadlines and schedule both the Commissioner’s motion to convert the trustee’s filing de bene esse and Rona’s motion to strike, ordering specific filing and response dates and scheduling a conference call hearing on March 7, 2005, and related pre-hearing and hearing dates in April 2005; no substantive disposition on the merits of either motion was made in this order.

Court Disposition

Order to schedule the Commissioner’s conversion motion and Rona’s motion to strike with specified filing deadlines and hearing dates; no substantive determination of the motions' merits.

Orders

  • Commissioner to file and serve the motion to convert de bene esse the trustee’s motion by March 2, 2005 at 5:00 p.m.
  • Rona to file and serve a response to that motion by March 4, 2005 at 2:00 p.m.