Secure Energy Services Inc. - Scheduling Order (s. 104)
The Tribunal exercised its authority under s.104 of the Competition Act and its case management powers to adopt the parties' proposed timetable and issue a scheduling order setting specific dates for respondents' response, applicant's reply, cross-examinations, memoranda and the hearing.
Source-derived case information.
- Citation
- 2021 Comp Trib 5
- Parties
- Applicant: Commissioner of Competition; Respondent: Secure Energy Services Inc.; Respondent: Tervita Corporation
- Court
- Competition Tribunal
- Jurisdiction
- Canada
- Judgment Date
- 7 July 2021
- Procedural Posture
- Interim Order (mergers) / Scheduling Order Following S.104 Application
- Outcome
- Scheduling order issued.
- Legal Topics
- Interim Order, Scheduling, Case Management
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commissioner of Competition
Applicant
Secure Energy Services Inc.
Respondent
Tervita Corporation
Respondent
Procedural Posture
Interim Order (mergers) / Scheduling Order Following S.104 Application
Legal Issues
- 1 Whether to set an expedited schedule for the s.104 interim application
- 2 Appropriate dates for filing responses, cross-examination, written memoranda and hearing
Ratio Decidendi
The Tribunal exercised its authority under s.104 of the Competition Act and its case management powers to adopt the parties' proposed timetable and issue a scheduling order setting specific dates for respondents' response, applicant's reply, cross-examinations, memoranda and the hearing.
Court Disposition
Scheduling order issued.
Orders
- Respondents’ response and responding application record: July 14, 2021
- Applicant’s reply (if any): July 19, 2021
Full Case Text
Judgment text and source record
1 paragraphs
Secure Energy Services Inc. - Scheduling Order (s. 104) Collection Case Documents Date Filed 2021-07-07 Neutral citation 2021 Comp Trib 5 File Number CT-2021-002 Document Type Decisions Type of Application Interim Order (Mergers) Section(s) of the Competition Act s. 104 - Interim order Proceeding Number 19 Decision Content Competition Tribunal Tribunal de la concurrence Citation: Canada (Commissioner of Competition) v Secure Energy Services Inc. and Tervita Corporation , 20 21 Comp Trib 5 File No.: CT- 2021-002 Registry Document No.: 19 IN THE MATTER OF an application by the Commissioner of Competition made pursuant to section 104 of the Competition Act, R.S.C. 1985, c. C-34; BETWEEN: Commissioner of Competition (applicant) and Secure Energy Services Inc Tervita Corporation (respondents) Date of conference call : July 6, 2021 Before Judicial Member: J. Gagné Date of order: July 7, 2021 SCHEDULING ORDER [1] FURTHER TO the Application filed by the Commissioner of Competition on June 29, 2021, against the Respondents Secure Energy Services Inc. and Tervita Corporation, pursuant to section 104 of the Competition Act; [2] AND FURTHER TO the proposed timetables submitted by the parties and to the discussions with counsel for both parties at a case management conference call held on July 6, 2021; THE TRIBUNAL ORDERS THAT: [3] The schedule for the steps to be completed in connection with the Application shall be as follows: Respondents’ response and responding application record: July 14, 2021 Applicant’s reply (if any): July 19, 2021 Cross-examinations: July 20-22, 2021 Applicant’s memorandum of fact and law: July 26, 2021 Respondents’ memorandum of fact and law: July 28, 2021 Case management conference (if requested by a party): July 28, 2021 Hearing of the Application: August 4, 2021, starting at 10 a.m. DATED at St-Sauveur , this 7th day of July 2021 SIGNED on behalf of the Tribunal by the presiding judicial member . (s) Jocelyne Gagné COUNSEL OF RECORD: For the applicant: Commissioner of Competition Jonathan Hood Paul Klippenstein Ellé Nekiar Andrew Kelly For the respondent: Secure Energy Services Inc. Rob Kwinter Brian Facey Joe McGrade Nicole Henderson For the respondent: Tervita Corporation Melanie Aitken Emrys Davis