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Reference: The Commissioner of Competition v Vancouver Airport Authority, 2017 Comp Trib 3

File No.: CT-2016-015

Registry Document No.: 39

 

IN THE MATTER OF the Competition Act, RSC 1985, c C-34 as amended;

 

AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.

 

 

 

 

 

 


BETWEEN:

 

 

Commissioner of Competition

(applicant)

 

and

 

Vancouver Airport Authority

(respondent)

 

 

 

 

 

 

 

Decided on the basis of the written record

Before Judicial Member: D. Gascon J. (Chairperson)

Date of Order: March 7, 2017

 

 

 

ORDER AMENDING THE SCHEDULING ORDER

 

 

 

 

 

[1]  FURTHER TO the notice of application filed by the applicant, the Commissioner of Competition, against the respondent, Vancouver Airport Authority, pursuant to section 79 of the Competition Act, RSC, c C-34, as amended;

 

[2]  AND FURTHER TO the respondent’s request sent on February 15, 2017 to amend the Scheduling Order dated December 20, 2016 with respect to the date for the service of Affidavits of Documents by the respondent and the date by which the applicant is to file motion arising therefrom;

 

[3]  AND WHEREAS the Tribunal has examined the proposed draft scheduling order submitted by the respondent on February 15, 2017 and, in light of the fact that the applicant does not oppose the respondent’s request, that the hearing date for the potential motions related to the Affidavits of Documents does not change, and that the other dates in the existing scheduling order remain intact, the Tribunal is satisfied that the requested amendments shall be granted.

 

THE TRIBUNAL ORDERS THAT:

 

[4]  The revised schedule for the pre-hearing steps shall now be as follows:

 

February 17, 2017  Service of Affidavit of Documents and delivery of documents by the applicant

 

February 28, 2017  Last day for the respondent to file motion arising from Affidavit of Documents and/or productions

 

March 3, 2017  Service of Affidavit of Documents and delivery of documents by the respondent

 

March 14, 2017  Last day for the applicant to file motion arising from Affidavit of Documents and/or productions

 

March 22, 2017  Hearing of any motions arising from Affidavits of Documents and/or productions and/or in respect of the scope of examinations for discovery

 

April 3, 2017  Deadline for delivery of any additional productions resulting from any Affidavits of Documents/production motions

 

April 10 – May 19, 2017  Examinations for discovery according to a schedule to be settled between counsel

 

June 16, 2017  Deadline for fulfilling answers to discovery undertakings

 

June 23, 2017  Last day for filing of motions arising from answers to undertakings and refusals

 

July 11, 2017  Mediation briefs due

 

July 17, 2017  Hearing of any motions arising from answers to undertakings or refusals

 

July 25-27, 2017   Mediation

 

July 31, 2017  Last day for follow-up examinations for discovery

 

September 20, 2017  Applicant to serve documents relied upon and witness statements, and to serve and file expert reports, if any

 

October 9, 2017  Applicant to serve list of documents proposed to be admitted without further proof

 

October 20, 2017  Respondent to serve documents relied upon and witness statements, and to serve and file expert reports, if any

 

October 26, 2017  Deadline for delivering any Requests for Admissions

 

November 3, 2017  Applicant to serve list of reply documents and witness statements, and to serve and file reply expert reports, if any

 

  Last day to file motions for Summary Disposition and/or any motions related to the evidence

 

November 10, 2017  Deadline to provide documents to the Tribunal for use at the hearing (e.g., Briefs of Authorities, witness statements and Agreed Books of Documents)

 

  Deadline for responding to any Requests for Admissions

 

November 14, 2017  Hearing of any motions for Summary Disposition and/or any motions related to the evidence.

 

[5]  All other provisions of the existing Scheduling Order remain unchanged.

 

 

 

DATED at Ottawa, this 7th day of March 2017.

 

    SIGNED on behalf of the Tribunal by the Chairperson.

 

 

  (s) Denis Gascon

   

COUNSEL:

 

For the applicant:

 

The Commissioner of Competition

 

Jonathan Hood

  Katherine Rydel

  Ryan Caron

 

For the respondent:

 

Vancouver Airport Authority

 

Calvin S. Goldman

  Richard Annan

Michael Koch

 

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