B-Filer Inc. - Order dismissing the application and setting out a schedule for the filing of written submissions on costs

B-Filer Inc. - Order dismissing the application and setting out a schedule for the filing of written submissions on costs

The application is dismissed because the applicants failed to establish the constituent elements of subsection 75(1) of the Competition Act, and the Tribunal reserved the issue of costs to be determined on written submissions.

Citation
2007 Comp Trib 5
Parties
Applicants: B-Filer Inc.; B-Filer Inc. doing business as GPAY GuaranteedPayment; Npay Inc.; Respondent: The Bank of Nova Scotia
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
23 March 2007
Procedural Posture
Interim Order (refusal to Deal) Under S.75 of the Competition Act / Order Dismissing Application; Costs Reserved for Written Submissions
Outcome
Application dismissed; costs reserved for determination on written submissions.
Legal Topics
Refusal to Deal, Section 75 Application, Costs, Leave to Make Application
Source Language
English
Competition Law Refusal to Deal Section 75 Application Costs Leave to Make Application

Case Brief

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Parties

B-Filer Inc.; B-Filer Inc. doing business as GPAY GuaranteedPayment; Npay Inc.

Applicants

The Bank of Nova Scotia

Respondent

Procedural Posture

Interim Order (refusal to Deal) Under S.75 of the Competition Act / Order Dismissing Application; Costs Reserved for Written Submissions

Legal Issues

  1. 1 Whether the applicants met the constituent elements of subsection 75(1) of the Competition Act
  2. 2 How costs should be determined following dismissal of the application

Ratio Decidendi

The application is dismissed because the applicants failed to establish the constituent elements of subsection 75(1) of the Competition Act, and the Tribunal reserved the issue of costs to be determined on written submissions.

Court Disposition

Application dismissed; costs reserved for determination on written submissions.

Orders

  • The Applicants' application for an order pursuant to section 75 of the Competition Act is dismissed.
  • The issue of costs is reserved, to be dealt with by the Tribunal on the basis of written submissions.