Saskatchewan Wheat Pool and JRI - Order extending the time limit for filing a request for leave to intervene (for the Canadian National Railway Company)

Saskatchewan Wheat Pool and JRI - Order extending the time limit for filing a request for leave to intervene (for the Canadian National Railway Company)

The Tribunal granted the extension because the Canadian National Railway Company filed a Rule 68 motion supported by an affidavit and memorandum, and the Commissioner and all respondents consented; on that basis the Tribunal accepted the late filing as of January 9, 2006.

Citation
2006 Comp Trib 2
Parties
Applicant: Commissioner of Competition; Respondent: Saskatchewan Wheat Pool Inc.; Respondent: James Richardson International Limited; Respondent: 6362681 Canada Ltd.; Respondent: 6362699 Canada Ltd.; Applicant on Motion: Canadian National Railway Company
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
11 January 2006
Procedural Posture
Mergers Interim Order / Motion to Extend Time for Filing Request for Leave to Intervene (decided on Written Record)
Outcome
Motion granted
Legal Topics
Intervention, Time Extension, Interim Order, Procedure Under Competition Tribunal Rules, S. 92, S. 104
Source Language
English
Competition Law Mergers Administrative Law Intervention Time Extension Interim Order Procedure Under Competition Tribunal Rules S. 92 +1 more

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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 National Railway Company

Applicant on Motion

Procedural Posture

Mergers Interim Order / Motion to Extend Time for Filing Request for Leave to Intervene (decided on Written Record)

Legal Issues

  1. 1 Whether the Tribunal should extend the time limit for filing a request for leave to intervene
  2. 2 Application of Rule 68 of the Competition Tribunal Rules to extend time set by Rule 27(4) and Gazette notice
  3. 3 Role of consent of parties in motions to extend time

Ratio Decidendi

The Tribunal granted the extension because the Canadian National Railway Company filed a Rule 68 motion supported by an affidavit and memorandum, and the Commissioner and all respondents consented; on that basis the Tribunal accepted the late filing as of January 9, 2006.

Court Disposition

Motion granted

Orders

  • The motion of the Canadian National Railway Company for an extension of time is granted and its request for leave to intervene dated January 6, 2006, is accepted for filing as of January 9, 2006.