Rona - Reasons and Order and Order on Rona's motion to strike (Professional English translation not revised)

Rona - Reasons and Order and Order on Rona's motion to strike (Professional English translation not revised)

The motion to strike is denied because the conditions for issue estoppel are not met: the question of RONA's alleged delaying tactics was not decided on the merits and the earlier dismissal of the motion to strike was not a final decision on those facts; the impugned paragraphs are relevant to the merits and may be disputed at hearing; RONA is entitled to file its reply by March 18, 2005, and the Tribunal sets a hearing schedule and awards costs in the cause.

Citation
2005 Comp Trib 9
Parties
Moving Party: Commissioner of Competition; Responding Party: RONA INC.; Third Party: Ernst & Young Orenda Corporate Finance Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
9 March 2005
Procedural Posture
Section 106 Application to Rescind Consent Agreement / Motion to Strike and Pre Hearing Scheduling
Outcome
Motion to strike denied; RONA granted leave to file reply by March 18, 2005; hearing schedule set; costs in the cause.
Legal Topics
Consent Agreement, Section 106, Motion to Strike, Issue Estoppel, Res Judicata, Divestiture Diligence, Procedural Scheduling
Source Language
English
Competition Law Administrative Law Consent Agreement Section 106 Motion to Strike Issue Estoppel Res Judicata Divestiture Diligence +1 more

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Parties

Commissioner of Competition

Moving Party

RONA INC.

Responding Party

Ernst & Young Orenda Corporate Finance Inc.

Third Party

Procedural Posture

Section 106 Application to Rescind Consent Agreement / Motion to Strike and Pre Hearing Scheduling

Legal Issues

  1. 1 Whether paragraphs of the Commissioner's Response should be struck
  2. 2 Whether issue estoppel/res judicata bars repetition of matters raised in an earlier motion
  3. 3 Whether the Tribunal's earlier dismissal of a motion to strike was a final determination on the merits

Ratio Decidendi

The motion to strike is denied because the conditions for issue estoppel are not met: the question of RONA's alleged delaying tactics was not decided on the merits and the earlier dismissal of the motion to strike was not a final decision on those facts; the impugned paragraphs are relevant to the merits and may be disputed at hearing; RONA is entitled to file its reply by March 18, 2005, and the Tribunal sets a hearing schedule and awards costs in the cause.

Court Disposition

Motion to strike denied; RONA granted leave to file reply by March 18, 2005; hearing schedule set; costs in the cause.

Orders

  • The motion to strike out certain paragraphs of the Commissioner’s Response to the section 106 application is denied.
  • RONA will file and serve its reply to the Commissioner’s Response by no later than March 18, 2005.