Barcode-Symbol - Reasons and Order allowing a motion for summary disposition by Symbol of its section 106 application

Barcode-Symbol - Reasons and Order allowing a motion for summary disposition by Symbol of its section 106 application

Because Barcode had ceased to be a going concern and its assets (including intangibles necessary to operate the business) were sold to a third party, the factual basis for the Tribunal's January 15, 2004 order granting Leave no longer existed; there was no genuine basis for Barcode's Response and s.106 required rescission of the Leave order.

Citation
2005 Comp Trib 32
Parties
Applicant: Symbol Technologies Canada ULC; Respondent: Barcode Systems Inc.; Respondent: Price Waterhouse Coopers Inc. as Interim Receiver of Barcode Systems Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
14 October 2005
Procedural Posture
Section 106 Rescission Application Under the Competition Act; Motion for Summary Disposition / Decision on Motion for Summary Disposition (written Reasons)
Outcome
Motion for summary disposition allowed; s.106 application allowed; Leave rescinded.
Legal Topics
Section 106 Rescission of Leave, Leave Under S.103.1, Summary Disposition Under Competition Tribunal Act S.9(4) (5), Supply/interim Supply Orders, Effect of Asset Sale on Remedies
Source Language
English
Competition Law Insolvency/receivership Civil Procedure Section 106 Rescission of Leave Leave Under S.103.1 Summary Disposition Under Competition Tribunal Act S.9(4) (5) Supply/interim Supply Orders Effect of Asset Sale on Remedies

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Parties

Symbol Technologies Canada ULC

Applicant

Barcode Systems Inc.

Respondent

Price Waterhouse Coopers Inc. as Interim Receiver of Barcode Systems Inc.

Respondent

Procedural Posture

Section 106 Rescission Application Under the Competition Act; Motion for Summary Disposition / Decision on Motion for Summary Disposition (written Reasons)

Legal Issues

  1. 1 Whether the order granting leave under s.103.1 should be rescinded under s.106 due to changed circumstances
  2. 2 Whether there is a genuine basis for the respondent's (Barcode's) Response to the s.106 application
  3. 3 Whether Barcode's cessation as a going concern and sale of assets defeats the rationale for granting leave and any prospective supply order

Ratio Decidendi

Because Barcode had ceased to be a going concern and its assets (including intangibles necessary to operate the business) were sold to a third party, the factual basis for the Tribunal's January 15, 2004 order granting Leave no longer existed; there was no genuine basis for Barcode's Response and s.106 required rescission of the Leave order.

Court Disposition

Motion for summary disposition allowed; s.106 application allowed; Leave rescinded.

Orders

  • The Motion and the s.106 application are allowed; the Order dated January 15, 2004 granting Leave is rescinded.