Winston Gaskin - Direction to the Registry, Order and Reasons with respect to the filing and service of an originating document and supporting materials

Winston Gaskin - Direction to the Registry, Order and Reasons with respect to the filing and service of an originating document and supporting materials

The Tribunal refused to accept the s.103.1 application for filing because the notice(s) failed on their face to plead material facts required by the Competition Act and Tribunal Rules (including absence of required affidavit and memorandum), improperly named parties and relied on irrelevant materials; the Tribunal also denied the request to dispense with personal service under Rule 2 because the applicant provided no clear, cogent evidence to justify varying Rule 8 and did not demonstrate that respondents had received the originating documents.

Citation
2024 Comp Trib 02
Parties
Proposed Applicant: Winston Gaskin; Proposed Applicant: Standard Land Company Inc.; Proposed Respondent: Rogers Communications Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
15 April 2024
Procedural Posture
Abuse of Dominant Position; Leave to Commence Application Under S.103.1 of the Competition Act / Attempted Filing of Leave Application Under S.103.1 Refused; Informal Request to Dispense With Service Denied
Outcome
Application for leave under s.103.1 not accepted for filing; informal request to dispense with or vary service requirements under Rule 2 dismissed.
Legal Topics
Leave to Commence Action Under S.103.1, Abuse of Dominant Position (s.79), Service of Originating Documents, Compliance With Tribunal Rules
Source Language
English
Competition Law Administrative Law Civil Procedure Leave to Commence Action Under S.103.1 Abuse of Dominant Position (s.79) Service of Originating Documents Compliance With Tribunal Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Winston Gaskin

Proposed Applicant

Standard Land Company Inc.

Proposed Applicant

Rogers Communications Inc.

Proposed Respondent

Procedural Posture

Abuse of Dominant Position; Leave to Commence Application Under S.103.1 of the Competition Act / Attempted Filing of Leave Application Under S.103.1 Refused; Informal Request to Dispense With Service Denied

Legal Issues

  1. 1 Whether the application for leave under s.103.1 was properly constituted and could be accepted for filing
  2. 2 Whether the proposed notice of application under s.79 pleaded material facts to support a cause of action
  3. 3 Whether the Tribunal should dispense with or vary service requirements under Rule 2 given the manner of attempted service

Ratio Decidendi

The Tribunal refused to accept the s.103.1 application for filing because the notice(s) failed on their face to plead material facts required by the Competition Act and Tribunal Rules (including absence of required affidavit and memorandum), improperly named parties and relied on irrelevant materials; the Tribunal also denied the request to dispense with personal service under Rule 2 because the applicant provided no clear, cogent evidence to justify varying Rule 8 and did not demonstrate that respondents had received the originating documents.

Court Disposition

Application for leave under s.103.1 not accepted for filing; informal request to dispense with or vary service requirements under Rule 2 dismissed.

Orders

  • Directs the Registry not to accept any of the documents tendered by Mr Gaskin for filing to commence an application under section 103.1 of the Competition Act, in their present forms.
  • Dismisses the proposed applicants' informal request under Rule 2 of the Competition Tribunal Rules to dispense with or vary the requirements for personal service of originating documents under Rule 8.