West Fraser - Burns Lake Native Dev. Corp. - Order following the case management conference call held on April 13, 2005

West Fraser - Burns Lake Native Dev. Corp. - Order following the case management conference call held on April 13, 2005

The Tribunal held that the gap rule does not apply and that the Reference is the correct procedural vehicle; the Tribunal reserved on whether the substantive content of the Reference is appropriate and issued case management directions and a scheduling order.

Citation
2005 Comp Trib 14
Parties
Applicants: Burns Lake Development Corporation; Council of Lake Babine Nation; Burns Lake Band; Nee Tahi Buhn Indian Band; Emma Palmantier; Ray Morris; Respondent: Commissioner of Competition; Respondent: West Fraser Timber Co. Ltd. and West Fraser Mills Ltd.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
15 April 2005
Procedural Posture
Rescission or Variation of Consent Agreement (mergers) Under the Competition Act / Case Management / Scheduling Following Reference Filing
Outcome
Case management order issued: gap rule found not to apply; Reference accepted as correct procedure; scheduling order and procedural directions issued; substantive content of Reference reserved for further motion.
Legal Topics
Rescission or Variation of Consent Agreement, Consent Agreement Enforcement, Reference Procedure Under the Competition Act, Case Management and Scheduling, Gap Rule (procedural)
Source Language
English
Competition Law Mergers Administrative Law Tribunal Procedure Rescission or Variation of Consent Agreement Consent Agreement Enforcement Reference Procedure Under the Competition Act Case Management and Scheduling +1 more

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Parties

Burns Lake Development Corporation; Council of Lake Babine Nation; Burns Lake Band; Nee Tahi Buhn Indian Band; Emma Palmantier; Ray Morris

Applicants

Commissioner of Competition

Respondent

West Fraser Timber Co. Ltd. and West Fraser Mills Ltd.

Respondent

Procedural Posture

Rescission or Variation of Consent Agreement (mergers) Under the Competition Act / Case Management / Scheduling Following Reference Filing

Legal Issues

  1. 1 Whether the gap rule applies
  2. 2 Whether a Reference is the correct procedural vehicle
  3. 3 Appropriateness of the contents of the Notice of Reference

Ratio Decidendi

The Tribunal held that the gap rule does not apply and that the Reference is the correct procedural vehicle; the Tribunal reserved on whether the substantive content of the Reference is appropriate and issued case management directions and a scheduling order.

Court Disposition

Case management order issued: gap rule found not to apply; Reference accepted as correct procedure; scheduling order and procedural directions issued; substantive content of Reference reserved for further motion.

Orders

  • Tribunal to hear a motion on the appropriateness of the contents of the Notice of Reference filed April 4, 2005
  • Applicants to serve and file a Notice of Motion and Memorandum of Argument on or before April 22, 2005