Parrish & Heimbecker, Limited - Order amending the amended scheduling order

Parrish & Heimbecker, Limited - Order amending the amended scheduling order

The Tribunal granted the parties' consented minor amendments to the Amended Scheduling Order because the revised dates are appropriate and consistent with subsection 9(2) of the Competition Tribunal Act; the Tribunal set the specific revised deadlines listed in paragraph 10 and reserved a further order on hearing location and format.

Citation
2020 Comp Trib 10
Parties
Applicant: The Commissioner of Competition; Respondent: Parrish & Heimbecker, Limited
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
9 October 2020
Procedural Posture
Mergers / Scheduling Amendment (pre Hearing)
Outcome
Amended the Amended Scheduling Order as set out in paragraph 10 of the Order dated October 9, 2020
Legal Topics
Section 92 Application, Scheduling Order, Case Management, Efficiencies
Source Language
English
Competition Law Mergers Administrative Law Section 92 Application Scheduling Order Case Management Efficiencies

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Parties

The Commissioner of Competition

Applicant

Parrish & Heimbecker, Limited

Respondent

Procedural Posture

Mergers / Scheduling Amendment (pre Hearing)

Legal Issues

  1. 1 Whether the Amended Scheduling Order should be further amended
  2. 2 Appropriateness of proposed revised dates for delivery of witness statements and documents
  3. 3 Timeliness and proportionality of pre-hearing steps in light of COVID-19

Ratio Decidendi

The Tribunal granted the parties' consented minor amendments to the Amended Scheduling Order because the revised dates are appropriate and consistent with subsection 9(2) of the Competition Tribunal Act; the Tribunal set the specific revised deadlines listed in paragraph 10 and reserved a further order on hearing location and format.

Court Disposition

Amended the Amended Scheduling Order as set out in paragraph 10 of the Order dated October 9, 2020

Orders

  • Friday, October 9, 2020 Respondent to serve documents relied upon and witness statements except for the witness statement of Mr. Heimbecker
  • Friday, October 9, 2020 Respondent to serve and file confidential expert report(s), if any, on all matters including efficiencies