Parrish & Heimbecker, Limited - Scheduling Order

Parrish & Heimbecker, Limited - Scheduling Order

The Tribunal accepted the jointly proposed timetable as appropriate and ordered the detailed schedule for discovery, motions, pre-hearing disclosure, examinations for discovery and the hearing dates because it complied with the Timelines Direction and the obligation under subsection 9(2) of the Competition Tribunal Act to proceed informally and expeditiously while preserving fairness.

Citation
2020 Comp Trib 2
Parties
Applicant: The Commissioner of Competition; Respondent: Parrish & Heimbecker, Limited
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
4 March 2020
Procedural Posture
Mergers / Scheduling Order
Outcome
Scheduling order issued; detailed timetable for discovery, motions, pre-hearing disclosure, examinations for discovery, mediation and hearing dates set.
Legal Topics
Section 92 Application, Scheduling Order, Discovery, Pre Hearing Disclosure, Mediation, Hearing Dates
Source Language
English
Competition Law Mergers Section 92 Application Scheduling Order Discovery Pre Hearing Disclosure Mediation Hearing Dates

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Parties

The Commissioner of Competition

Applicant

Parrish & Heimbecker, Limited

Respondent

Procedural Posture

Mergers / Scheduling Order

Legal Issues

  1. 1 Whether the jointly proposed timetable for discovery and pre-hearing disclosure is appropriate and should be ordered by the Tribunal
  2. 2 Whether the timetable complies with the Tribunal’s Timelines Direction and the requirement in subsection 9(2) of the Competition Tribunal Act to proceed informally and expeditiously
  3. 3 Procedural arrangements for examinations for discovery, motions, and hearing logistics

Ratio Decidendi

The Tribunal accepted the jointly proposed timetable as appropriate and ordered the detailed schedule for discovery, motions, pre-hearing disclosure, examinations for discovery and the hearing dates because it complied with the Timelines Direction and the obligation under subsection 9(2) of the Competition Tribunal Act to proceed informally and expeditiously while preserving fairness.

Court Disposition

Scheduling order issued; detailed timetable for discovery, motions, pre-hearing disclosure, examinations for discovery, mediation and hearing dates set.

Orders

  • Service of Affidavits of Documents and delivery of documents by both Parties by April 17, 2020
  • Deadline for filing motions arising from Affidavits of Documents and productions, including privilege challenges: May 8, 2020; hearing of those motions: May 25, 2020