Saskatchewan Wheat Pool and JRI - Order granting the Vancouver Port Authority leave to intervene

Saskatchewan Wheat Pool and JRI - Order granting the Vancouver Port Authority leave to intervene

The Tribunal granted the VPA leave to intervene because it demonstrated a relevant interest and the parties did not oppose; the Tribunal limited the scope of intervention and imposed conditions to prevent repetitive evidence and to protect confidentiality while allowing the VPA to address the specific Topic on effects of the Joint Venture on the VPA and rail traffic at the Port.

Citation
2006 Comp Trib 12
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; Applicant for Leave to Intervene: Vancouver Port Authority
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
24 February 2006
Procedural Posture
Interim Order (mergers) / Leave to Intervene Decision
Outcome
Leave to intervene granted to the Vancouver Port Authority subject to specified terms and limitations.
Legal Topics
Intervention, Interim Order, Joint Venture Dissolution, Port Operations, Rail Traffic Impact
Source Language
English
Competition Law Mergers and Acquisitions Administrative Law Intervention Interim Order Joint Venture Dissolution Port Operations Rail Traffic Impact

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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

Applicant for Leave to Intervene

Procedural Posture

Interim Order (mergers) / Leave to Intervene Decision

Legal Issues

  1. 1 Whether the Vancouver Port Authority should be granted leave to intervene in proceedings under s.92 of the Competition Act
  2. 2 Appropriate scope and limits of the VPA's participation including access to discovery, calling witnesses and expert evidence
  3. 3 Protection of confidential materials while permitting meaningful intervention

Ratio Decidendi

The Tribunal granted the VPA leave to intervene because it demonstrated a relevant interest and the parties did not oppose; the Tribunal limited the scope of intervention and imposed conditions to prevent repetitive evidence and to protect confidentiality while allowing the VPA to address the specific Topic on effects of the Joint Venture on the VPA and rail traffic at the Port.

Court Disposition

Leave to intervene granted to the Vancouver Port Authority subject to specified terms and limitations.

Orders

  • VPA granted leave to intervene on the Topic: effects anticipated to result from the Joint Venture on the VPA including any effects on rail traffic into and out of the grain handling facilities at the Port.
  • VPA may review discovery transcripts and productions subject to confidentiality orders but shall not participate in the discovery process or attend discoveries.