Rogers - Scheduling Order

Rogers - Scheduling Order

The Tribunal accepted the parties' jointly revised schedule as appropriate and consistent with the Timelines Direction and subsection 9(2) of the Competition Tribunal Act, and accordingly issued a scheduling order setting disclosure, discovery, motion, mediation, evidence exchange, hearing and argument dates, with directions on confidentiality designations and virtual motion hearings.

Citation
2025 Comp Trib 2
Parties
Applicant: Commissioner of Competition; Respondent: Rogers Communications Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
26 March 2025
Procedural Posture
Deceptive Marketing Practices (s. 74.1 Competition Act) / Scheduling Order / Pre Hearing Case Management
Outcome
Scheduling order issued; timetable and case management directions adopted
Legal Topics
Section 74.1 Application, Scheduling and Timetabling, Discovery, Confidentiality Designations, Mediation, Virtual Hearings
Source Language
English
Competition Law Administrative Law Civil Procedure Section 74.1 Application Scheduling and Timetabling Discovery Confidentiality Designations Mediation +1 more

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Parties

Commissioner of Competition

Applicant

Rogers Communications Inc.

Respondent

Procedural Posture

Deceptive Marketing Practices (s. 74.1 Competition Act) / Scheduling Order / Pre Hearing Case Management

Legal Issues

  1. 1 Whether the Tribunal should approve the parties' proposed schedule for discovery and pre-hearing steps and set hearing dates
  2. 2 Whether motions should be heard virtually and how objections during discoveries will be dealt with
  3. 3 Whether confidentiality designations must be supported by affidavit evidence

Ratio Decidendi

The Tribunal accepted the parties' jointly revised schedule as appropriate and consistent with the Timelines Direction and subsection 9(2) of the Competition Tribunal Act, and accordingly issued a scheduling order setting disclosure, discovery, motion, mediation, evidence exchange, hearing and argument dates, with directions on confidentiality designations and virtual motion hearings.

Court Disposition

Scheduling order issued; timetable and case management directions adopted

Orders

  • Schedule for service of affidavits of documents, productions, motions, examinations for discovery, undertakings, mediation, exchange of witness statements and expert reports, and hearing dates as set out in the order
  • All motions to be heard virtually unless the parties and the Tribunal agree otherwise