Case information
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31637
Canada Pipe Company Ltd. v. Commissioner of Competition
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-06-01 | Close file on Leave | |
| 2007-05-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-05-11 | Judgment on leave sent to the parties | |
| 2007-05-10 |
Judgment of the Court on the application for leave to appeal, Ba LeB F, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-106-05, 2006 FCA 233 and 2006 FCA 236, dated June 23, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2007-03-30 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-12-05 | Applicant's reply to respondent's argument, Completed on: 2006-12-05 | Canada Pipe Company Ltd. |
| 2006-12-04 | Supplemental document, (Book of Authorities) | Canada Pipe Company Ltd. |
| 2006-11-23 | Book of authorities | Commissioner of Competition |
| 2006-11-23 | Respondent's response on the application for leave to appeal, Completed on: 2006-11-23 | Commissioner of Competition |
| 2006-11-08 | Supplemental document, (6 copies of amended application for leave to appeal with service filed on Nov. 8/06 pursuant to the Order of Bastarache J. dated Nov. 3/06) | Canada Pipe Company Ltd. |
| 2006-11-03 | Order on motion to strike out | |
| 2006-11-03 |
Decision on motion to strike out, Ba, the affidavit of Michael J. Trebilcock in the application for leave to appeal; the applicant shall remove all references to the affidavit and serve and file a revised leave application within 5 days of this order; the respondent shall serve and file her response to the leave application within 20 days of service of the revised leave application Granted, with costs |
|
| 2006-11-03 | Submission of motion to strike out, Ba | |
| 2006-10-20 | Correspondence received from, L. Milton dated October 20, 2006 re: response to the leave application following the Court's decision on the motion | Commissioner of Competition |
| 2006-10-20 | Book of authorities, 3 copies re: in support of reply to the motion | Commissioner of Competition |
| 2006-10-20 | Reply to motion to strike out, 3 copies - book form (order sought an extension to file a response to the leave application), Completed on: 2006-10-20 | Commissioner of Competition |
| 2006-10-16 | Book of authorities, in support of the applicant's response to the motion to strike | Canada Pipe Company Ltd. |
| 2006-10-16 | Response to motion to strike out, of the Commissioner of Competition, Completed on: 2006-10-16 | Canada Pipe Company Ltd. |
| 2006-10-05 | Book of authorities, 3 copies (ref. motion to strike out) | Commissioner of Competition |
| 2006-10-05 | Motion to strike out, the entire of parts of the affidavit of Michael J. Trebilcock in support of leave application (3 copies - book form), Completed on: 2006-10-06 | Commissioner of Competition |
| 2006-09-27 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-22 | Supplemental document, 6 copies of Confidential Reasons & Order of the Competition Tribunal (in Sealed envelopes) | Canada Pipe Company Ltd. |
| 2006-09-22 | Book of authorities | Canada Pipe Company Ltd. |
| 2006-09-22 | Application for leave to appeal, (6 copies of amended application for leave to appeal with service filed on Nov. 8/06 pursuant to the Order of Bastarache J. dated Nov. 3/06), Completed on: 2006-09-22 | Canada Pipe Company Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Canada Pipe Company Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Commissioner of Competition | Respondent | Active |
Counsel
Party: Canada Pipe Company Ltd.
Counsel
Edward J. Babin
James W. Doris
Anita Banicevic
Charles Tingley
4400 - 1 First Canadian Place
Toronto, Ontario
M5X 1B1
Telephone: (416) 863-5566
FAX: (416) 863-0871
Email: kentthomson@dwpv.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Commissioner of Competition
Counsel
Randall J. Hofley
1700-275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(Sealing order)
Competition law - Judicial review - Respondent Commissioner's application with respect to Applicant being dismissed - Competition Tribunal's findings being upheld with respect to market power but overturned with respect to abuse of dominance and exclusive dealing - Whether the Federal Court of Appeal erred in reviewing the decision of the Tribunal under ss. 77 and 79(1) of the Competition Act, R.S.C. 1985, c. C-34.
The Respondent brought an application under ss. 77 and 79(1) of the Competition Act alleging various anti-competitive practices and exclusive dealing.
Lower court rulings
Competition Tribunal
CT-2002-006
Respondent's application made under ss. 77 and 79(1) of the Competition Act dismissed
Federal Court of Appeal
2006 FCA 233, 2006 FCA 236, A-106-05
Appeal allowed and cross-appeal dismissed; matter referred back to Tribunal for redetermination
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available