Saskatchewan Wheat Pool and JRI - Scheduling Order (for hearing starting January 15, 2008 in Vancouver)

Saskatchewan Wheat Pool and JRI - Scheduling Order (for hearing starting January 15, 2008 in Vancouver)

Because the Commissioner, the Respondents and the Intervenors all accepted the Tribunal's proposed schedule, the Tribunal exercised its procedural authority under the Competition Act to adopt the proposed schedule and issue a scheduling order setting the hearing date and pre-hearing deadlines.

Citation
2007 Comp Trib 12
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 Pacific Railway Company; Intervenor: Canadian National Railway Company; Intervenor: Canadian Wheat Board; Intervenor: Vancouver Port Authority
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
30 April 2007
Procedural Posture
Interim Order (mergers) / Scheduling Order; Pre Hearing
Outcome
Scheduling order issued; Tribunal's proposed schedule adopted and hearing set to commence January 15, 2008 in Vancouver, with fixed pre-hearing and hearing dates.
Legal Topics
Interim Order, Section 92 Application, Joint Venture, Port Terminal Grain Handling, Scheduling Order
Source Language
English
Competition Law Mergers Administrative Law Interim Order Section 92 Application Joint Venture Port Terminal Grain Handling Scheduling Order

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Parties

Commissioner of Competition

Applicant

Saskatchewan Wheat Pool Inc.

Respondent

6362681 Canada Ltd.

Respondent

6362699 Canada Ltd.

Respondent

James Richardson International Limited

Respondent

Canadian Pacific Railway Company

Intervenor

Canadian National Railway Company

Intervenor

Canadian Wheat Board

Intervenor

Vancouver Port Authority

Intervenor

Procedural Posture

Interim Order (mergers) / Scheduling Order; Pre Hearing

Legal Issues

  1. 1 Whether the Tribunal should adopt the proposed schedule for disposition of the s.92 application
  2. 2 Whether the Tribunal has jurisdiction to set procedural timelines for affidavits, discoveries, expert reports and motions
  3. 3 Allocation of hearing time and case management procedures

Ratio Decidendi

Because the Commissioner, the Respondents and the Intervenors all accepted the Tribunal's proposed schedule, the Tribunal exercised its procedural authority under the Competition Act to adopt the proposed schedule and issue a scheduling order setting the hearing date and pre-hearing deadlines.

Court Disposition

Scheduling order issued; Tribunal's proposed schedule adopted and hearing set to commence January 15, 2008 in Vancouver, with fixed pre-hearing and hearing dates.

Orders

  • Hearing to commence Tuesday, January 15, 2008 in Vancouver, British Columbia
  • Schedule of pre-hearing procedures and deadlines established (affidavits of documents, oral discoveries, undertakings, will-say statements, expert reports, motions deadlines) as set out in the order