Saskatchewan Wheat Pool and JRI - Scheduling Order following a case management teleconference on June 16, 2006

Saskatchewan Wheat Pool and JRI - Scheduling Order following a case management teleconference on June 16, 2006

After reviewing written submissions and hearing argument, the Tribunal concluded Vancouver is the appropriate venue and approved the parties' agreed schedule beginning April 16, 2007, finding the schedule will lead to a timely and efficient disposition of the application given the circumstances.

Citation
2006 Comp Trib 27
Parties
Applicant: Commissioner of Competition; Respondent: Saskatchewan Wheat Pool Inc.; Respondent: James Richardson International Limited; Respondent: 6362681 Canada Ltd.; Respondent: 6362699 Canada Ltd.; Intervenor: Canadian Pacific Railway Company; Intervenor: Canadian National Railway Company; Intervenor: Canadian Wheat Board; Intervenor: Vancouver Port Authority
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
19 June 2006
Procedural Posture
Interim Order (mergers) / Case Management/scheduling Order
Outcome
Scheduling order: venue fixed in Vancouver; hearing to commence April 16, 2007; comprehensive pre-hearing and hearing timetable adopted
Legal Topics
Interim Order, Venue, Scheduling, Joint Venture Dissolution, Port Terminal Grain Handling
Source Language
English
Competition Law Mergers Administrative Law Interim Order Venue Scheduling Joint Venture Dissolution Port Terminal Grain Handling

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Parties

Commissioner of Competition

Applicant

Saskatchewan Wheat Pool Inc.

Respondent

James Richardson International Limited

Respondent

6362681 Canada Ltd.

Respondent

6362699 Canada Ltd.

Respondent

Canadian Pacific Railway Company

Intervenor

Canadian National Railway Company

Intervenor

Canadian Wheat Board

Intervenor

Vancouver Port Authority

Intervenor

Procedural Posture

Interim Order (mergers) / Case Management/scheduling Order

Legal Issues

  1. 1 Appropriate venue for the hearing (Vancouver v. Ottawa)
  2. 2 Whether the hearing should be split between Ottawa and Vancouver
  3. 3 Appropriateness and timing of the proposed hearing schedule commencing April 16, 2007

Ratio Decidendi

After reviewing written submissions and hearing argument, the Tribunal concluded Vancouver is the appropriate venue and approved the parties' agreed schedule beginning April 16, 2007, finding the schedule will lead to a timely and efficient disposition of the application given the circumstances.

Court Disposition

Scheduling order: venue fixed in Vancouver; hearing to commence April 16, 2007; comprehensive pre-hearing and hearing timetable adopted

Orders

  • Hearing to commence April 16, 2007 at 10:00 a.m. at the Federal Court, 701 West Georgia Street, Vancouver, British Columbia.
  • Pre-hearing schedule set with deadlines from July 14, 2006 through March 30, 2007 for motions, service of will-say statements, expert reports, affidavits of documents, discoveries, and case management conference.