Morgan - La-Z-Boy - Scheduling Order for the hearing of the application to take place April 18 to April 29, 2005 in Ottawa

Morgan - La-Z-Boy - Scheduling Order for the hearing of the application to take place April 18 to April 29, 2005 in Ottawa

Because counsel filed a proposed schedule on consent and the Tribunal conducted consultations with counsel, the Tribunal exercised its authority to issue a scheduling order setting the hearing dates (April 18–29, 2005) and specified pre-hearing deadlines.

Citation
2004 Comp Trib 18
Parties
Applicant: Allan Morgan and Sons Ltd.; Respondent: La-Z-Boy Canada Ltd.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
9 September 2004
Procedural Posture
Leave to Make an Application Under the Competition Act (section 75) / Scheduling Order / Pre Hearing Stage
Outcome
Scheduling order issued setting hearing dates and pre-hearing timetable
Legal Topics
Refusal to Deal, Leave to Make an Application, Scheduling Order, Pre Hearing Directions
Source Language
English
Competition Law Civil Procedure Refusal to Deal Leave to Make an Application Scheduling Order Pre Hearing Directions

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Parties

Allan Morgan and Sons Ltd.

Applicant

La-Z-Boy Canada Ltd.

Respondent

Procedural Posture

Leave to Make an Application Under the Competition Act (section 75) / Scheduling Order / Pre Hearing Stage

Legal Issues

  1. 1 Whether the Tribunal should set hearing dates and a schedule for pre-hearing procedures
  2. 2 Whether the parties' proposed schedule filed on consent is acceptable to the Tribunal

Ratio Decidendi

Because counsel filed a proposed schedule on consent and the Tribunal conducted consultations with counsel, the Tribunal exercised its authority to issue a scheduling order setting the hearing dates (April 18–29, 2005) and specified pre-hearing deadlines.

Court Disposition

Scheduling order issued setting hearing dates and pre-hearing timetable

Orders

  • Hearing to commence Monday April 18, 2005 at 10:00 a.m. at Competition Tribunal, 90 Sparks Street, Room 610, Ottawa, Ontario, and to conclude Monday April 29, 2005.
  • Pre-hearing schedule: December 6, 2004 case management conference call at 1:00 p.m. EDT; December 15, 2004 completion of examinations for discovery; March 18, 2005 exchange of expert affidavits; March 31, 2005 exchange of expert rebuttal affidavits; April 6, 2005 filing of expert affidavits and rebuttal affidavits;...