Air Canada (WestJet) - Order regarding re-scheduling
The Tribunal exercised its case management authority to reschedule the hearing to November 25, 2002 and ordered counsel to serve and file a proposed schedule pursuant to s.18 of the Competition Tribunal Rules.
Source-derived case information.
- Citation
- 2002 Comp Trib 31
- Parties
- Applicant: Commissioner of Competition; Respondent: Air Canada; Intervenor: WestJet Airlines Ltd.
- Court
- Competition Tribunal
- Jurisdiction
- Canada
- Judgment Date
- 30 August 2002
- Procedural Posture
- Abuse of Dominant Position / Scheduling Order Pre Hearing
- Outcome
- Hearing rescheduled to November 25, 2002; counsel ordered to file proposed schedule under Rule 18.
- Legal Topics
- Abuse of Dominant Position, Scheduling, Procedural Orders
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commissioner of Competition
Applicant
Air Canada
Respondent
WestJet Airlines Ltd.
Intervenor
Procedural Posture
Abuse of Dominant Position / Scheduling Order Pre Hearing
Legal Issues
- 1 Whether to reschedule the hearing date
- 2 Proper procedure for filing a proposed schedule under Rule 18 of the Competition Tribunal Rules
Ratio Decidendi
The Tribunal exercised its case management authority to reschedule the hearing to November 25, 2002 and ordered counsel to serve and file a proposed schedule pursuant to s.18 of the Competition Tribunal Rules.
Court Disposition
Hearing rescheduled to November 25, 2002; counsel ordered to file proposed schedule under Rule 18.
Orders
- Hearing to commence on November 25, 2002 at 10:00 a.m. at the Competition Tribunal, Royal Bank Building, Suite 600, 90 Sparks Street, Ottawa, Ontario.
- Counsel shall serve and file a proposed schedule pursuant to section 18 of the Competition Tribunal Rules, SOR/94-290, as amended.
Full Case Text
Judgment text and source record
1 paragraphs
Air Canada (WestJet) - Order regarding re-scheduling Collection Case Documents Date Filed 2002-08-30 Neutral citation 2002 Comp Trib 31 File Number CT-2001-002 Document Type Decisions Type of Application Abuse of Dominant Position Section(s) of the Competition Act s. 79 Proceeding Number 105 Decision Content Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Air Canada, 2002 Comp. Trib. 031 File no.: CT2001002 Registry document no.: 0105 IN THE MATTER of an application by the Commissioner of Competition under section 79 of the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER of the Regulations Respecting Anti-Competitive Acts of Persons Operating a Domestic Service, SOR/2000-324 made pursuant to subsection 78(2) of the Competition Act; AND IN THE MATTER of certain practices of anti-competitive acts by Air Canada. B E T W E E N: The Commissioner of Competition (applicant) and Air Canada (respondent) and WestJet Airlines Ltd. (intervenor) Date of consultation: 20020829 Member: McKeown J. (Chairman) Date of order: 20020830 Order signed by: McKeown J. ORDER REGARDING RE-SCHEDULING [1] FURTHER TO the Reasons and Order Regarding Matters Considered at Pre-hearing Conference on May 2 and 3, 2002 whereas the hearing of this matter before the newly constituted panel was tentatively set to commence on October 7, 2002; [2] AND FURTHER TO consultation with the parties on August 29, 2002; THE TRIBUNAL ORDERS THAT: [3] The hearing of the Commissioner’s application shall commence on November 25, 2002 at 10:00 a.m. at the Competition Tribunal, Royal Bank Building, Suite 600, 90 Sparks Street, Ottawa, Ontario. [4] Counsel shall serve and file a proposed schedule pursuant to section 18 of the Competition Tribunal Rules, SOR/94-290, as amended, to address any further matters regarding the disposition of this application. DATED at Ottawa, this 30 th day of August, 2002. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) W.P. McKeown COUNSEL: For the applicant: The Commissioner of Competition Donald B. Houston Suzanne Legault For the respondent: Air Canada Katherine L. Kay Eliot N. Kolers Lawson A.W. Hunter, Q.C. For the intervenor: WestJet Airlines Ltd. Daniel J. McDonald, Q.C.