Winston Gaskin - Order, Directions and Reasons

Winston Gaskin - Order, Directions and Reasons

The Tribunal ruled that none of the documents sent by Mr. Gaskin in March 2025 constituted a properly commenced application for leave under s.103.1 because they were non‑compliant with the Competition Tribunal Rules, were not properly served (including on the Commissioner), and contained matters outside the Tribunal's jurisdiction; accordingly the Registry shall not accept those documents for filing and future filings from Mr. Gaskin are limited to originating documents and proof of personal service that concern matters within the Tribunal's jurisdiction until acceptable originating documents and proof of service are provided.

Citation
2025 Comp Trib 3
Parties
Proposed Applicant: Winston Gaskin; Proposed Applicant: Standard Land Company Inc.; Proposed Respondent: Rogers Communications Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
27 March 2025
Procedural Posture
Abuse of Dominant Position / Leave to Make Application (attempted Filing Under S.103.1)
Outcome
Tribunal refused to accept the attempted filings for filing, imposed restrictions on future filings by Mr. Gaskin, and directed the Registry to organize the attempted filings for reference; no hearing or case management meeting was convened.
Legal Topics
Leave to Commence Under S.103.1, Service of Process, Jurisdiction of Tribunal, Ex Parte Relief, Document Filing Limits, Compliance With Tribunal Rules
Source Language
English
Competition Law Administrative Law Civil Procedure Leave to Commence Under S.103.1 Service of Process Jurisdiction of Tribunal Ex Parte Relief Document Filing Limits +1 more

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Parties

Winston Gaskin

Proposed Applicant

Standard Land Company Inc.

Proposed Applicant

Rogers Communications Inc.

Proposed Respondent

Procedural Posture

Abuse of Dominant Position / Leave to Make Application (attempted Filing Under S.103.1)

Legal Issues

  1. 1 Whether an application for leave under s.103.1 was properly commenced
  2. 2 Whether the affidavit of service effected proper service and commencement
  3. 3 Whether the materials submitted are within the Tribunal's jurisdiction and acceptable for filing

Ratio Decidendi

The Tribunal ruled that none of the documents sent by Mr. Gaskin in March 2025 constituted a properly commenced application for leave under s.103.1 because they were non‑compliant with the Competition Tribunal Rules, were not properly served (including on the Commissioner), and contained matters outside the Tribunal's jurisdiction; accordingly the Registry shall not accept those documents for filing and future filings from Mr. Gaskin are limited to originating documents and proof of personal service that concern matters within the Tribunal's jurisdiction until acceptable originating documents and proof of service are provided.

Court Disposition

Tribunal refused to accept the attempted filings for filing, imposed restrictions on future filings by Mr. Gaskin, and directed the Registry to organize the attempted filings for reference; no hearing or case management meeting was convened.

Orders

  • Confirm that no application for leave under s.103.1 has been commenced by Mr Gaskin
  • Confirm that the affidavit of service dated March 17, 2025 did not change the status of previously rejected documents