Canada Case Law

Rogers - Shaw - Revised Order Amending the Confidentiality Order On Consent

Court

Competition Tribunal

On consent the Tribunal amended the Confidentiality Order to permit Level B Protected Records produced by Rogers or Shaw to be shared only with in-house counsel at each of Rogers and Shaw who executed the Confidentiality Undertaking, while preserving the Commissioner's Level A designations for non-parties; the Respondents' and Commissioner's motions were adjourned sine die and each party bears its own costs.

Source excerpt

• Confidentiality orders
• Protected records designation (level a/level b)
• Designated representatives
• Information sharing between respondents
• Non-party confidentiality

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Fluid Energy Group Ltd. v. Mud Master Drilling Fluid Services Ltd.

Court

Federal Court

The Federal Court dismissed a reconsideration motion, holding it had already addressed the full prothonotary order, including costs, when it allowed the appeal.

• Reconsideration
• Clerical mistake/correction
• Costs awards
• Counsel's eyes only designation
• Costs
• Appeals

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Hudson's Bay Company - Amended Confidentiality Order

Court

Competition Tribunal

The Tribunal granted the amended confidentiality order on consent, adopting a tiered regime (Levels A, B, C) with defined categories of protected information and specific rules for marking, disclosure, permitted recipients, re-designation, compelled disclosure notice, handling of copies, termination obligations including destruction/return (with limited archival exceptions), and retained jurisdiction to enforce and vary the order; these measures are necessary to prevent specific and direct competitive harm while allowing fair management of disclosure in the proceeding.

Source excerpt

• Confidentiality order
• Protected records
• Designation levels (a/b/c)
• Disclosure limits
• Re-designation
• Undertakings

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