Sears - Reasons following the Tribunal's Order regarding a request to admit

Sears - Reasons following the Tribunal's Order regarding a request to admit

Paragraph 21(2)(c) of the Tribunal Rules is not exhaustive; the request to admit procedure in Federal Court Rules rr.255-256 is a distinct practice not provided for in the Tribunal Rules and s.72 permits its application with modifications to Tribunal proceedings, so the Commissioner's request to admit was valid; fairness required granting Sears a limited extension to respond until noon October 25, 2003.

Citation
2003 Comp Trib 28
Parties
Applicant: The Commissioner of Competition; Respondent: Sears Canada Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
29 October 2003
Procedural Posture
Deceptive Marketing Practices (competition Act Inquiry) / Hearing (motion Regarding Validity of Request to Admit and Extension of Time)
Outcome
Request to admit held valid and authorized pursuant to the Tribunal Rules; extension of time to respond granted.
Legal Topics
Requests to Admit, Interpretation of Tribunal Rules, Discovery, Procedural Gap, Extension of Time
Source Language
English
Competition Law Civil Procedure Tribunal Procedure Requests to Admit Interpretation of Tribunal Rules Discovery Procedural Gap Extension of Time

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Parties

The Commissioner of Competition

Applicant

Sears Canada Inc.

Respondent

Procedural Posture

Deceptive Marketing Practices (competition Act Inquiry) / Hearing (motion Regarding Validity of Request to Admit and Extension of Time)

Legal Issues

  1. 1 Whether Federal Court Rules rr.255-256 requests to admit apply in Competition Tribunal proceedings by virtue of s.72 of the Tribunal Rules
  2. 2 Whether para.21(2)(c) of the Tribunal Rules precludes recourse to the Federal Court Rules
  3. 3 Whether the request to admit served by the Commissioner was valid

Ratio Decidendi

Paragraph 21(2)(c) of the Tribunal Rules is not exhaustive; the request to admit procedure in Federal Court Rules rr.255-256 is a distinct practice not provided for in the Tribunal Rules and s.72 permits its application with modifications to Tribunal proceedings, so the Commissioner's request to admit was valid; fairness required granting Sears a limited extension to respond until noon October 25, 2003.

Court Disposition

Request to admit held valid and authorized pursuant to the Tribunal Rules; extension of time to respond granted.

Orders

  • The request to admit served by the Commissioner is valid and authorized pursuant to the Tribunal Rules and s.72(1) permitting Federal Court Rules to be applied with modifications.
  • Sears Canada Inc. is granted an extension of time to respond to the request to admit until noon, Saturday October 25, 2003.