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