B-Filer Inc. - Reasons and Order dismissing The Bank of Nova Scotia's motion for summary disposition

B-Filer Inc. - Reasons and Order dismissing The Bank of Nova Scotia's motion for summary disposition

The motion for summary disposition was dismissed because the Alberta court's decision did not decide the statutory competition law issues before the Tribunal, res judicata and issue estoppel did not apply, and it would not be an abuse of process to prosecute the Competition Act claims before the Tribunal which has exclusive jurisdiction to consider refusal to deal and exclusive dealing under sections 75 and 77; therefore summary dismissal under s.9(4)-(5) was not warranted.

Citation
2005 Comp Trib 31
Parties
Applicant; Respondent in the Motion: B-Filer Inc. (doing business as GPAY Guaranteed Payment and Npay Inc.); Respondent; Moving Party: The Bank of Nova Scotia
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
14 October 2005
Procedural Posture
Application for Leave Under S.103.1 of the Competition Act; Refusal to Deal / Exclusive Dealing Allegations / Motion for Summary Disposition Under S.9(4) (5) of the Competition Tribunal Act Decided on Written Record
Outcome
Motion for summary disposition dismissed.
Legal Topics
Refusal to Deal, Exclusive Dealing, Summary Disposition / Summary Determination, Res Judicata and Issue Estoppel, Interim Injunctions / Mandatory Injunctions
Source Language
English
Competition Law Civil Procedure Contract Law Refusal to Deal Exclusive Dealing Summary Disposition / Summary Determination Res Judicata and Issue Estoppel Interim Injunctions / Mandatory Injunctions

Case Brief

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Parties

B-Filer Inc. (doing business as GPAY Guaranteed Payment and Npay Inc.)

Applicant; Respondent in the Motion

The Bank of Nova Scotia

Respondent; Moving Party

Procedural Posture

Application for Leave Under S.103.1 of the Competition Act; Refusal to Deal / Exclusive Dealing Allegations / Motion for Summary Disposition Under S.9(4) (5) of the Competition Tribunal Act Decided on Written Record

Legal Issues

  1. 1 Whether the Alberta Court of Queen's Bench decision bars the Tribunal Proceedings by res judicata or issue estoppel
  2. 2 Whether the Tribunal should grant summary disposition under s.9(4)-(5) because there is no genuine basis for the application
  3. 3 Whether continuing the Tribunal Proceedings would be an abuse of process

Ratio Decidendi

The motion for summary disposition was dismissed because the Alberta court's decision did not decide the statutory competition law issues before the Tribunal, res judicata and issue estoppel did not apply, and it would not be an abuse of process to prosecute the Competition Act claims before the Tribunal which has exclusive jurisdiction to consider refusal to deal and exclusive dealing under sections 75 and 77; therefore summary dismissal under s.9(4)-(5) was not warranted.

Court Disposition

Motion for summary disposition dismissed.

Orders

  • Motion for summary disposition by The Bank of Nova Scotia dismissed.
  • Tribunal Proceedings to continue; leave application under s.103.1 to be decided on or before November 10, 2005.