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24915

Southam Inc., et al. v. Director of Investigation and Research

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-08-11 Correspondence (sent by the Court) to, sent to Competititon Tribunal (Ottawa, ON) enclosing their records (1 box)
1997-07-31 Appeal closed
1997-05-07 Correspondence (sent by the Court) to, sent to Ontario Court - Trial Division (Toronto, ON) enclosing their records (1 box)
1997-04-23 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario)
1997-04-23 Copy of formal judgment being prepared, Davis & Company (Ottawa, ON)
1997-04-23 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1997-03-21 Notice of deposit of judgment sent to all parties, Davis & Company
1997-03-21 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1997-03-20 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal on the merits is allowed with costs throughout, the judgment of the Federal Court of Appeal is set aside, and the order of the Competition Tribunal is restored. The appeal on the remedy is dismissed with costs.
Allowed, with costs
1996-12-10 General proceeding, transcripts received and distributed to the judges (70 pages)
1996-11-25 General proceeding, 12 copies of EXTRACTS FROM CONFIDENTIAL EXHIBITS - SEALED ENVELOPE - GIVEN IN COURT BY THE RESPONDENT Director of Investigation and Research
1996-11-25 General proceeding, 12 copies of CONDENSED BOOK OF EVIDENCE (GIVEN IN COURT BY THE RESPONDENT) Director of Investigation and Research
1996-11-25 Hearing of the appeal, 1996-11-25, appeal is dismissed against the remedies and reserved as regards the rest of the appeal, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-11-22 General proceeding, 12 copies of SEALED ENVELOPPE TO BE OPENED AT THE HEARING OF THE APPEAL Southam Inc.
1996-11-22 Supplemental document, 12 copies of SUPPLEMENTARY BOOK OF AUTHORITIES Southam Inc.
1996-11-22 General proceeding, 10 copies of CONDENSED BOOK OF EVIDENCE Southam Inc.
1996-11-20 Correspondence (sent by the Court) to, from Gowling re: duration of argument
1996-11-18 General proceeding, to note 24 copies of ERRATA SHEET FOR THE FACTUM OF THE RESPONDENT, with service Director of Investigation and Research
1996-11-18 Supplemental document, BOOK OF AUTHORITIES 10 copies, with service Director of Investigation and Research
1996-11-18 Correspondence (sent by the Court) to, dated Nov. 15/96 from Stanley Wong re: counsel appearing for the hearing
1996-10-30 Correspondence (sent by the Court) to, sent to Davis and Company (Vancouver, BC) enclosing copy of notice to the profession dealing with condensed books c.c. Glenn Leslie
1996-10-21 Correspondence (sent by the Court) to, from Davis & Co. to A. Roland, letter dated Oct. 18, 1996 (fax copy) re: referring to her letter dated August 23, 1996, they understand that the Court does not require to prepare a condensed book; need confirmation
1996-10-16 Notice of hearing, With service Southam Inc.
1996-10-11 Decision on motion for additional time to present oral argument, 1. application is granted in part; 2. The time to argue the appeal is extended by 1/2 hour for each the appellants and the respondent, CJ
Granted, no order as to costs
1996-10-11 Hearing of motion for additional time to present oral argument, 1996-10-11, 1. application is granted in part; 2. The time to argue the appeal is extended by 1/2 hour for each the appellants and the respondent, CJ
1996-10-11 Submission of motion for additional time to present oral argument, 1996-10-11, 1. application is granted in part; 2. The time to argue the appeal is extended by 1/2 hour for each the appellants and the respondent, CJ
1996-10-10 Appeal hearing scheduled, 1996-11-25
Decision reserved
1996-09-30 Order on miscellaneous motion, re: confidentiality orders of the Competition Tribunal
1996-09-30 Decision on miscellaneous motion, Ma, - It is ordered that all documents and other materials included in the case on appeal and the supplementary cases on appeal of the parties, that are subject to confidentiality orders of the Competition Tribunal, shall be marked "Confidential" and not form part of this Honourable Court's public record
Granted, no order as to costs
1996-09-30 Hearing of miscellaneous motion, 1996-09-30, Ma
1996-09-30 Submission of miscellaneous motion, 1996-09-30, Ma
1996-09-25 $50.00 filing fee for notice of motion, receipt no. 32645
1996-09-24 Response to the motion for additional time to present oral argument, CONDITIONAL, Completed on: 1996-09-24 Director of Investigation and Research
1996-09-24 Affidavit, Mark Katz (fax copy) (original received on Sept. 25, 1996) Southam Inc.
1996-09-24 Motion for additional time to present oral argument, (fax copy) (original received on Sept. 24, 1996), Completed on: 1996-09-24 Southam Inc.
1996-09-23 Affidavit, 2 copies; Mark Katz Southam Inc.
1996-09-23 $50.00 filing fee for notice of motion, receipt #24915 Southam Inc.
1996-09-23 Notice of miscellaneous motion, for an Order that all documents and other materials included in the Case on Appeal and the Supplementary cases on Appeal shall be marked "CONFIDENTIAL"; 2 copies, Completed on: 1996-09-23 Southam Inc.
1996-08-23 Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Toronto, ON) enclosing copy of notice to the profession dealing with condensed books c.c. Gowling, Strathy & Henderson, Davis & Company
1996-08-16 Case on appeal, 24 copies of vol. I to IX (TAKE NOTE THAT VOL. VII VIII & IX ARE IN SEALED ENVELOPE), with service Director of Investigation and Research
1996-08-16 Book of authorities, 10 copies of vol. I & II, with service, Completed on: 1996-08-16 Director of Investigation and Research
1996-08-16 Respondent's factum, 24 copies, with service, Completed on: 1996-08-16 Director of Investigation and Research
1996-08-16 Trial court exhibits, 1 box
1996-08-06 Appeal perfected for hearing, Session beginning on 1996-09-30
1996-07-12 Book of authorities, 12 copies of vol. I to III, Completed on: 1996-07-12 Southam Inc.
1996-07-09 Correspondence (sent by the Court) to, from M. Larmour to Gowling re: not be necessary to have the Tribunal's file sent to the Registry office
1996-07-08 Certified casebook, VOL. I to XXIV plus general index (Vol. XXIV is a sealed confidential envelope) Southam Inc.
1996-07-08 Appeal court record, 4 boxes
1996-07-08 Correspondence (sent by the Court) to, from Gowling, Strathy to M. Larmour, letter dated July 8/96 re: transmittal of the Tribunal's file
1996-06-26 General proceeding, 24 copies of page 4285 (a) of vol. XXIII of the case on appeal (TO BE INSERTED) Southam Inc.
1996-06-21 Proof of service, of the Case on Appeal Vol. I to XXIV (vol. XXIV being a brown envelope) + a general index
1996-06-21 Appellant's factum, 24 copies, with service, Completed on: 1996-06-21 Southam Inc.
1996-06-20 Case on appeal, 23 copies of Vol. I to XXIV + general index Southam Inc.
1996-05-03 General proceeding, 1 copy of APPEAL CASE VOL. 1 TO 36C (TO BE KEPT IN THE MAIN COURT FILE) (see order dated April 26/ 96) Southam Inc.
1996-04-26 Order on motion to reduce number of copies
1996-04-26 Decision on motion to reduce number of copies, Reg, - It is ordered that the appellants file 1 set of the case on appeal consisting of a complete set of the appeal books as filed in the Federal Court of appeal for use by the Supreme Court of Canada; It is further ordered that the appellants file, concurrently with their factum 24 copies of a supplementary case on appeal containing all pleadings, evidence and exhibits that they intend to rely upon, said supplementary case on appeal to include the Formal Orders and complete sets of the Reasons in the Federal Court of Appeal and the Competition Tribunal below; It is further ordered that the respondent file, concurrently with its factum, 24 copies of a supplementary case on appeal containing any additional evidence and exhibits it intends to rely on
Granted, no order as to costs
1996-04-26 Hearing of motion to reduce number of copies, 1996-04-26, Reg
1996-04-26 Submission of motion to reduce number of copies, 1996-04-26, Reg
1996-04-24 Correspondence (sent by the Court) to, from Blake, Cassels; re: reduced the number of the Case on Appeal
1996-04-24 Response to motion to reduce number of copies, Completed on: 1996-04-24 Director of Investigation and Research
1996-04-24 $50.00 filing fee for notice of motion, receipt #31951 Southam Inc.
1996-04-24 Affidavit, 2 copies; Mark Katz Southam Inc.
1996-04-24 Motion to reduce number of copies, 2 copies, Completed on: 1996-04-24 Southam Inc.
1996-04-24 Order granting leave to appeal
1996-04-02 Correspondence (sent by the Court) to, from Glen Leslie to A. Roland, letter dated April 2/96 re: reply to Mr. Wong's letter dated March 19/96 (fax copy)
1996-03-19 Correspondence (sent by the Court) to, (by fax) from Stanley Wong; re: responding to Mr. Leslie letter re: Order (original filed March 22/96)
1996-03-13 Correspondence (sent by the Court) to, from Blake, Cassels; re: Order granting leave application
1996-03-13 Correspondence (sent by the Court) to, (by fax) from Stanely Wong; re: intends to make submissions in response to Mr. Leslie's letter of March 12/96
1996-02-23 Proof of service, of the notice of appeal and the notice of deposit of security
1996-02-22 Correspondence (sent by the Court) to, sent to Davis & Company (Vancouver, BC) enclosing copy of Rule 32 c.c. Greg Tereposky
1996-02-22 Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Toronto, ON) enclosing copy of Rule 32 c.c. Gowling
1996-02-21 $500 security deposit paid, direction #2363 Southam Inc.
1996-02-21 $10.00 fee for depositing security, receipt #31599 Southam Inc.
1996-02-21 Notice of deposit of security
1996-02-21 Notice of appeal, Completed on: 1996-02-21 Southam Inc.
1996-02-09 Notice of deposit of judgment issued to all parties, Davis & Company (Ottawa, ON)
1996-02-09 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1996-02-08 Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted. The Tribunal's original divestiture order is stayed until the final resolution of the case by this Court. The original consent order issued by the Competition Tribunal on March 8, 1991, which requires Southam Inc. to preserve as independent and viable the business of each publication potentially subject to divestiture, is confirmed.
Granted, no order as to costs
1996-01-23 Correspondence received from, from Brian A. Crane; re: Order on Stay (distributed to LaF Co M on Jan. 24/96) Southam Inc.
1995-11-24 Correspondence received from, (by fax) from Davis & Company; re: have no objection to bring to the attention of the Court the judgment of Mr. Moldaver Director of Investigation and Research
1995-11-23 Correspondence received from, from Blake, Cassels; re: copy of judgment of Moldaver J. of Ont. C.A. sent to LaF Co Ma, Nov 24/95 Southam Inc.
1995-11-22 All materials on application for leave submitted to the Judges, LaF Co Ma
1995-11-20 Proof of service, of the applicant's reply
1995-11-16 Decision on the motion for a stay of execution, and the application for leave to appeal be referred to a panel on an expedited basis
Traversed, no order as to costs
1995-11-16 Hearing of motion for a stay of execution, 1995-11-16, and the application for leave to appeal be referred to a panel on an expedited basis
Decision reserved
1995-11-16 Submission of motion for a stay of execution, 1995-11-16, and the application for leave to appeal be referred to a panel on an expedited basis
Decision reserved
1995-11-16 Other documents on motion for a stay of execution, 6 copies of REPLY OF THE APPLICANTS ON APPLICATION FOR STAY
1995-11-16 Applicant's reply to respondent's argument, 6 copies Southam Inc.
1995-11-14 Other documents on motion for a stay of execution, 5 copies of the RESPONDENT'S ARGUMENT TO THE STAY, with service
1995-11-09 Respondent's response on the application for leave to appeal, 5 copies, with service Director of Investigation and Research
1995-10-20 Correspondence received from, from Blake, Cassels (Glenn Leslie), letter dated Oct. 19/95 - fax copy re: consent to the Respondent's arrangements re: material in response to the motion for stay be filed by November 13/95 Southam Inc.
1995-10-18 Correspondence received from, (by fax) from David & Company; re: that the stay application be postponed and should be considered as soon as the respondent file his material (Nov. 13/95) Director of Investigation and Research
1995-10-13 Correspondence received from, from Blake, Cassels to A. Roland, letter dated Oct. 11/95 re: requesting to have the stay application considered on AN EXPEDITED BASIS Southam Inc.
1995-10-13 $50.00 filing fee for a notice of motion, receipt no. 30858 Southam Inc.
1995-10-13 General proceeding, 5 copies (BOOK OF AUTHORITIES ON THE APPLICATION FOR STAY) Southam Inc.
1995-10-13 Motion for a stay of execution, 5 copies (TO BE CONSIDERED ON AN EXPEDITED BASIS) (separate from leave to appeal book), with service Southam Inc.
1995-10-13 Book of authorities, 5 copies Southam Inc.
1995-10-13 $50.00 filing fee, receipt no. 30858 Southam Inc.
1995-10-13 Application for leave to appeal, 5 copies (from 2 judgments of the Fed. Court of Appeal dated Aug. 8/95 Nos. A-1093-92 and A-1668-92), with service, Completed on: 1995-10-13 Southam Inc.

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

Main parties - Appellants
Name Role Status
Southam Inc. Applicant Active
Lower Mainland Publishing Ltd. Applicant Active
Rim Publishing Inc. Applicant Active
Yellow Cedar Properties Ltd. Applicant Active
North Shore Free Press Ltd. Applicant Active
Specialty Publishers Inc. Applicant Active
Elty Publications Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
Director of Investigation and Research Respondent Active

Counsel

Party: Southam Inc.

Counsel
Names
Glenn F. Leslie
Neil Finkelstein
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
Suite 2800, 199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2672
FAX: (416) 863-2653
Email: glenn.leslie@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Lower Mainland Publishing Ltd.

Counsel
Name
Glenn F. Leslie
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
Suite 2800, 199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2672
FAX: (416) 863-2653
Email: glenn.leslie@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Rim Publishing Inc.

Counsel
Name
Glenn F. Leslie
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
Suite 2800, 199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2672
FAX: (416) 863-2653
Email: glenn.leslie@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Yellow Cedar Properties Ltd.

Counsel
Name
Glenn F. Leslie
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
Suite 2800, 199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2672
FAX: (416) 863-2653
Email: glenn.leslie@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: North Shore Free Press Ltd.

Counsel
Name
Glenn F. Leslie
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
Suite 2800, 199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2672
FAX: (416) 863-2653
Email: glenn.leslie@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Specialty Publishers Inc.

Counsel
Name
Glenn F. Leslie
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
Suite 2800, 199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2672
FAX: (416) 863-2653
Email: glenn.leslie@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Elty Publications Ltd.

Counsel
Name
Glenn F. Leslie
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
Suite 2800, 199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2672
FAX: (416) 863-2653
Email: glenn.leslie@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Director of Investigation and Research

Counsel
Name
Stanley Wong
Contact information
Davis & Company
5600-100 King St. W., 1 First Canadian Place
PO Box 367, Stn 1st Cdn. Pl.
Toronto, Ontario
M5X 1E2
Telephone: (416) 365-3525
FAX: (416) 365-7886
Email: stan_wong@davis.ca
Agent
Name
Gregory A. Tereposky
Contact information
Thomas & Partners
30 Metcalfe
Suite 360
Ottawa, Ontario
K1P 5L4
Telephone: (613) 232-7522
FAX: (613) 232-7525
Email: gtereposky@thomasandpartners.com

Summary

Keywords

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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.

None.

Lower court rulings

August 8, 1995
Federal Court of Appeal

A-1668-92

appeal dismissed

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

Not available

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

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Date modified: 2025-05-13