Rogers - Shaw - Order re Motion Varying the Scheduling Order

Rogers - Shaw - Order re Motion Varying the Scheduling Order

The Tribunal exercised its discretion to adjourn the Commissioner's cross-motion to vary the July 21, 2022 Scheduling Order sine die and explicitly ordered that the adjournment is without prejudice to the Commissioner’s ability to proceed with the motion later.

Citation
2022 Comp Trib 9
Parties
Applicant: Commissioner of Competition; Respondent: Rogers Communications Inc.; Respondent: Shaw Communications Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
4 August 2022
Procedural Posture
Mergers / Case Management Conference; Motion to Vary the Scheduling Order (adjourned)
Outcome
Commissioner’s cross-motion adjourned sine die; adjournment without prejudice.
Legal Topics
Section 92 Application, Scheduling Order, Adjournment
Source Language
English
Competition Law Mergers Section 92 Application Scheduling Order Adjournment

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Parties

Commissioner of Competition

Applicant

Rogers Communications Inc.

Respondent

Shaw Communications Inc.

Respondent

Procedural Posture

Mergers / Case Management Conference; Motion to Vary the Scheduling Order (adjourned)

Legal Issues

  1. 1 Whether the Commissioner's cross-motion to vary the Scheduling Order should be granted or otherwise disposed of
  2. 2 Whether the Tribunal should adjourn the cross-motion and whether that adjournment should be without prejudice

Ratio Decidendi

The Tribunal exercised its discretion to adjourn the Commissioner's cross-motion to vary the July 21, 2022 Scheduling Order sine die and explicitly ordered that the adjournment is without prejudice to the Commissioner’s ability to proceed with the motion later.

Court Disposition

Commissioner’s cross-motion adjourned sine die; adjournment without prejudice.

Orders

  • The Commissioner’s cross motion for an Order varying the Scheduling Order dated July 21, 2022 is adjourned sine die.
  • This adjournment is without prejudice to the Commissioner’s ability to proceed with this motion should he deem necessary.