Saskatchewan Wheat Pool and JRI - Order during a case management teleconference of November 17, 2006 rescinding the Scheduling Order of June 19, 2006 and setting a date for a scheduling conference

Saskatchewan Wheat Pool and JRI - Order during a case management teleconference of November 17, 2006 rescinding the Scheduling Order of June 19, 2006 and setting a date for a scheduling conference

The Tribunal rescinded the Scheduling Order because the incomplete Trustee Sale and announced potential ownership changes constitute compelling reasons that would make presently scheduled oral discoveries likely to require costly reattendances; therefore the Schedule was rescinded and a further scheduling conference...

Source-derived case information.

Citation
2006 Comp Trib 39
Parties
Applicant: Commissioner of Competition; Respondent: Saskatchewan Wheat Pool Inc.; Respondent: 6362681 Canada Ltd.; Respondent: 6362699 Canada Ltd.; Respondent: James Richardson International Limited; Intervenor: Canadian National Railway Company; Intervenor: Canadian Pacific Railway Company; Intervenor: Canadian Wheat Board; Intervenor: Vancouver Port Authority
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
21 November 2006
Procedural Posture
Interim Order (mergers) / Case Management Teleconference; Rescission of Scheduling Order; Scheduling Conference Set
Outcome
Scheduling Order of June 19, 2006 rescinded; scheduling conference set for January 30, 2007 at 10:00 a.m. (EST); parties ordered to file proposed schedules by January 26, 2007.
Legal Topics
Interim Order, Section 92 Application, Scheduling, Discovery, Divestiture
Source Language
english
Competition Law Mergers Administrative/tribunal Procedure Interim Order Section 92 Application Scheduling Discovery Divestiture

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Commissioner of Competition

Applicant

Saskatchewan Wheat Pool Inc.

Respondent

6362681 Canada Ltd.

Respondent

6362699 Canada Ltd.

Respondent

James Richardson International Limited

Respondent

Canadian National Railway Company

Intervenor

Canadian Pacific Railway Company

Intervenor

Canadian Wheat Board

Intervenor

Vancouver Port Authority

Intervenor

Procedural Posture

Interim Order (mergers) / Case Management Teleconference; Rescission of Scheduling Order; Scheduling Conference Set

Legal Issues

  1. 1 Whether the Scheduling Order should be rescinded because ongoing Trustee Sale and potential ownership changes would render current discovery duplicative and costly
  2. 2 Whether a postponement of oral discoveries is justified to avoid undue expense of reattendances
  3. 3 Whether compelling reasons exist to alter the case management timetable under Tribunal authority

Ratio Decidendi

The Tribunal rescinded the Scheduling Order because the incomplete Trustee Sale and announced potential ownership changes constitute compelling reasons that would make presently scheduled oral discoveries likely to require costly reattendances; therefore the Schedule was rescinded and a further scheduling conference was set to establish a new timetable once those developments are resolved.

Court Disposition

Scheduling Order of June 19, 2006 rescinded; scheduling conference set for January 30, 2007 at 10:00 a.m. (EST); parties ordered to file proposed schedules by January 26, 2007.

Orders

  • The Scheduling Order of June 19, 2006 is rescinded.
  • A scheduling conference by conference call will be held on January 30, 2007 at 10:00 a.m. (EST).