Samuelson-Glushko v Apple - 2026 Comp Trib 13 - Order (Informal motion by the applicant to file supplementary affidavits) - CT-2025-007

Samuelson-Glushko v Apple - 2026 Comp Trib 13 - Order (Informal motion by the applicant to file supplementary affidavits) - CT-2025-007

Because the Supplementary Affidavits contained information relevant to the s.103.1(7) public interest criteria as articulated in Martin v Google and Apple, the applicant acted promptly after that decision, the application is at an early stage, and the respondents were not shown to suffer prejudice or unfairness, the Tribunal exercised its discretion in the interests of justice to permit the filing and deemed the affidavits filed as of the date of the order.

Citation
2026 Comp Trib 13
Parties
Applicant: The Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic; Respondents: Apple Canada Inc. and Apple Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
13 March 2026
Procedural Posture
Leave to Make Application Under Section 103.1 of the Competition Act / Informal Motion Under Rule 81 to File Supplementary Affidavits; Decision on Permission to File Supplementary Evidence
Outcome
Permission granted to applicant to file Supplementary Affidavits; affidavits deemed filed; applicant permitted to file a revised memorandum; future Directions to set deadlines for next steps on the leave application.
Legal Topics
Leave to Apply, Section 103.1, Supplementary Evidence, Tribunal Discretion, Timeliness and Prejudice
Source Language
English
Competition Law Administrative Law Civil Procedure Leave to Apply Section 103.1 Supplementary Evidence Tribunal Discretion Timeliness and Prejudice

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Parties

The Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic

Applicant

Apple Canada Inc. and Apple Inc.

Respondents

Procedural Posture

Leave to Make Application Under Section 103.1 of the Competition Act / Informal Motion Under Rule 81 to File Supplementary Affidavits; Decision on Permission to File Supplementary Evidence

Legal Issues

  1. 1 Whether the applicant should be permitted to file supplementary affidavits after filing its leave application
  2. 2 Whether the Supplementary Affidavits contain new or newly relevant facts for the s.103.1(7) public interest test
  3. 3 Whether permitting supplementary evidence at an early stage would prejudice the respondents or be unfair

Ratio Decidendi

Because the Supplementary Affidavits contained information relevant to the s.103.1(7) public interest criteria as articulated in Martin v Google and Apple, the applicant acted promptly after that decision, the application is at an early stage, and the respondents were not shown to suffer prejudice or unfairness, the Tribunal exercised its discretion in the interests of justice to permit the filing and deemed the affidavits filed as of the date of the order.

Court Disposition

Permission granted to applicant to file Supplementary Affidavits; affidavits deemed filed; applicant permitted to file a revised memorandum; future Directions to set deadlines for next steps on the leave application.

Orders

  • Applicant granted permission to file the Supplementary Affidavits for use on its pending application for leave under section 103.1 of the Competition Act.
  • The Supplementary Affidavits are deemed to be filed on March 13, 2026 (date of this order).