B-Filer Inc. - Amended Scheduling Order
The Tribunal, having considered submissions on scheduling, exercised its authority to amend the November 14, 2005 order and rescheduled the hearing to commence at 10:00 a.m. on December 12, 2005 and continue on December 13, 2005 at the Competition Tribunal hearing room in Ottawa.
Source-derived case information.
- Citation
- 2005 Comp Trib 42
- Parties
- Applicant: B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc.; Respondent: The Bank of Nova Scotia
- Court
- Competition Tribunal
- Jurisdiction
- Canada
- Judgment Date
- 18 November 2005
- Procedural Posture
- Interim Order (refusal to Deal) / Scheduling Order (hearing Set)
- Outcome
- Order amending prior scheduling order; hearing rescheduled to start December 12, 2005 at 10:00 a.m.
- Legal Topics
- Refusal to Deal, Interim Relief, Leave to Make Application, Scheduling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc.
Applicant
The Bank of Nova Scotia
Respondent
Procedural Posture
Interim Order (refusal to Deal) / Scheduling Order (hearing Set)
Legal Issues
- 1 Scheduling of the hearing of a section 104 application under the Competition Act
- 2 Amendment of a prior scheduling order
- 3 Leave under section 103.1 to make applications under ss.75 and 77
Ratio Decidendi
The Tribunal, having considered submissions on scheduling, exercised its authority to amend the November 14, 2005 order and rescheduled the hearing to commence at 10:00 a.m. on December 12, 2005 and continue on December 13, 2005 at the Competition Tribunal hearing room in Ottawa.
Court Disposition
Order amending prior scheduling order; hearing rescheduled to start December 12, 2005 at 10:00 a.m.
Orders
- The Order dated November 14, 2005 is amended so that the hearing of the section 104 application will start at 10 a.m. on Monday, December 12, 2005 and will continue Tuesday, December 13, 2005, in the Hearing Room of the Competition Tribunal at 600-90 Sparks Street, Ottawa, Ontario.
Full Case Text
Judgment text and source record
1 paragraphs
B-Filer Inc. - Amended Scheduling Order Collection Case Documents Date Filed 2005-11-18 Neutral citation 2005 Comp Trib 42 File Number CT-2005-006 Document Type Decisions Type of Application Interim Order (Refusal to Deal) Leave to Make Application Refusal to Deal Section(s) of the Competition Act s. 75; Section 103.1 - Leave to make an application under section 74.1, 75, 76, 77, 79 or 90.1; ss. 104 (75) Proceeding Number 48 Decision Content Competition Tribunal Tribunal de la Concurrence Reference: B-Filer Inc. v. The Bank of Nova Scotia, 2005 Comp. Trib. 42 File No.: CT-2005-006 Registry Document No.: 0048 IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER OF an application by B-Filer Inc., B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc. for an order pursuant to section 103.1 for leave to make an application under sections 75 and 77 of the Competition Act; AND IN THE MATTER OF an application by B-Filer Inc., B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc. for an interim order pursuant to section 104 of the Competition Act. B E T W E E N : B-Filer Inc., B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc. (applicants) and The Bank of Nova Scotia (respondent) Amendment by the Tribunal. Judicial Member: Lemieux J. (Acting Chairman) Date of Order: November 17, 2005 Order signed by: Mr. Justice François Lemieux AMENDED SCHEDULING ORDER [1] UPON considering the submissions of both parties on the scheduling of a hearing of an application made under section 104 of the Competition Act, R.S.C. 1985, c. C-34, as amended; [2] AND UPON an order having been issued setting the hearing of the application for December 13 and 14, 2005; [3] AND UPON a change of schedule being required by the Tribunal. THE TRIBUNAL ORDERS THAT: [4] The Order dated November 14, 2005 is amended so that the hearing of the section 104 application will start at 10 a.m. on Monday, December 12, 2005 and will continue Tuesday, December 13, 2005, in the Hearing Room of the Competition Tribunal at 600-90 Sparks Street, Ottawa, Ontario. DATED at Ottawa, this 17 th day of November, 2005. SIGNED on behalf of the Tribunal by the Acting Chairman of the Tribunal. (s) François Lemieux APPEARANCES: For the Applicants: B-Filer Inc., B-Filer Inc. doing business as GPAY GuaranteedPayment and Npay Inc. Mr. Adam N. Atlas For the Respondent: Bank of Nova Scotia Mr. F. Paul Morrison Mr. Glen G. MacArthur Ms. Lisa M. Constantine