Robinson Motorcycle - Deeley Imports - Order dismissing the proceedings

Robinson Motorcycle - Deeley Imports - Order dismissing the proceedings

Because both parties moved on consent, the Tribunal dismissed the application under section 75 effective December 31, 2005 and vacated the interim order made December 7, 2004, effective December 31, 2005 at 5:00 p.m. EST.

Citation
2005 Comp Trib 39
Parties
Applicant: Robinson Motorcycle Limited; Respondent: Fred Deeley Imports Ltd.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
14 November 2005
Procedural Posture
Interim Order (refusal to Deal); Leave to Make Application Under Competition Act / Order Dismissing the Proceedings
Outcome
Application under section 75 dismissed by consent as of December 31, 2005; Interim Order of December 7, 2004 vacated effective December 31, 2005 at 5:00 p.m. EST.
Legal Topics
Refusal to Deal, Interim Relief, Leave to Commence Proceedings, Consent Dismissal, Vacatur of Interim Order, Section 75 of the Competition Act
Source Language
English
Competition Law Administrative Law Refusal to Deal Interim Relief Leave to Commence Proceedings Consent Dismissal Vacatur of Interim Order Section 75 of the Competition Act

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robinson Motorcycle Limited

Applicant

Fred Deeley Imports Ltd.

Respondent

Procedural Posture

Interim Order (refusal to Deal); Leave to Make Application Under Competition Act / Order Dismissing the Proceedings

Legal Issues

  1. 1 Whether leave to bring an application under section 75 should proceed (preceding interlocutory relief)
  2. 2 Whether the interim order should be continued or vacated
  3. 3 Whether the proceedings should be dismissed by consent of the parties

Ratio Decidendi

Because both parties moved on consent, the Tribunal dismissed the application under section 75 effective December 31, 2005 and vacated the interim order made December 7, 2004, effective December 31, 2005 at 5:00 p.m. EST.

Court Disposition

Application under section 75 dismissed by consent as of December 31, 2005; Interim Order of December 7, 2004 vacated effective December 31, 2005 at 5:00 p.m. EST.

Orders

  • The application for an order under section 75 of the Competition Act is dismissed as of December 31, 2005.
  • The Interim Order for Relief made December 7, 2004 is vacated effective December 31, 2005 at 5:00 p.m. (EST).