Case information
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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.
| 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
| 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.
| Name | Role | Status |
|---|---|---|
| Director of Investigation and Research | Respondent | Active |
Counsel
Party: Southam Inc.
Counsel
Neil Finkelstein
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 613‑996‑7933 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
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 613‑996‑7933 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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