B-Filer Inc. - Public version of confidential Reasons for Order

B-Filer Inc. - Public version of confidential Reasons for Order

The Tribunal found the leave threshold under s.103.1 was met and that the requirements for interim relief under s.75 (serious issue, irreparable harm, balance of convenience) were satisfied, warranting an interim refusal to deal order.

Citation
2006 Comp Trib 42
Parties
Applicant: B-Filer Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
20 December 2006
Procedural Posture
Interim Order (refusal to Deal) Under Competition Act / Decision (reasons for Order)
Outcome
Interim refusal to deal order issued; leave granted under s.103.1 to proceed with substantive application.
Legal Topics
Refusal to Deal, Leave to Commence Application Under S.103.1, Interim Relief
Source Language
English
Competition Law Refusal to Deal Leave to Commence Application Under S.103.1 Interim Relief

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Parties

B-Filer Inc.

Applicant

Procedural Posture

Interim Order (refusal to Deal) Under Competition Act / Decision (reasons for Order)

Legal Issues

  1. 1 Whether leave should be granted under s.103.1 to bring an application under ss.74.1 and 75
  2. 2 Whether an interim refusal to deal order should be issued under s.75
  3. 3 Whether the statutory and equitable criteria for interim relief (serious issue, irreparable harm, balance of convenience) are satisfied

Ratio Decidendi

The Tribunal found the leave threshold under s.103.1 was met and that the requirements for interim relief under s.75 (serious issue, irreparable harm, balance of convenience) were satisfied, warranting an interim refusal to deal order.

Court Disposition

Interim refusal to deal order issued; leave granted under s.103.1 to proceed with substantive application.

Orders

  • Grant of leave under s.103.1 to commence proceedings under ss.74.1 and 75
  • Interim order refusing to deal as set out in the Tribunal's reasons dated 2006-12-20