Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40838
SECURE Energy Services Inc. v. Commissioner of Competition
(Federal) (Civil) (By Leave)
(Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-02-23 | Close file on Leave | |
| 2024-02-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-22 | Judgment on leave sent to the parties | |
| 2024-02-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-89-23, 2023 FCA 172, dated August 1, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-02-08 | Correspondence received from, (Letter Form), (Printed version due on 2024-02-15) | Commissioner of Competition |
| 2024-02-07 | Correspondence received from, (Letter Form), (Printed version due on 2024-02-14) | SECURE Energy Services Inc. |
| 2024-01-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-12 | Correspondence received from, (Letter Form), Correspondence pretraining the repeal of the “efficiencies defense”., (Printed version due on 2024-01-19) | Commissioner of Competition |
| 2023-12-21 | Correspondence received from, (Letter Form), Correspondence pretraining the repeal of the “efficiencies defense”., (Printed version filed on 2023-12-22) | SECURE Energy Services Inc. |
| 2023-10-10 | Certificate (on limitations to public access), (Letter Form), 23B-Reply, (Printed version filed on 2023-10-11) | SECURE Energy Services Inc. |
| 2023-10-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-10-13, (Printed version filed on 2023-10-10) | SECURE Energy Services Inc. |
| 2023-09-26 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-09-28) | Commissioner of Competition |
| 2023-09-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-28) | Commissioner of Competition |
| 2023-09-26 | Notice of name, (Letter Form), (Printed version filed on 2023-09-28) | Commissioner of Competition |
| 2023-09-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-09-26, (Printed version filed on 2023-09-28) | Commissioner of Competition |
| 2023-08-30 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-08-30 | |
| 2023-08-29 | Certificate (on limitations to public access), 23A/23B | SECURE Energy Services Inc. |
| 2023-08-29 | Notice of name | SECURE Energy Services Inc. |
| 2023-08-29 |
Application for leave to appeal, (Book Form), - Full application - with redacted Trial Court Order/Judgment rec'd 2023-08-29 - Un-Redacted Reasons for Order and Order of Competition Tribunal - SEALED (rec'd 2023-09-12), Completed on: 2023-08-30, (Printed version filed on 2023-08-31) |
SECURE Energy Services Inc. |
| 2023-08-16 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2023-08-11 | Notice of application for leave to appeal, (Letter Form), Bare Notice, Completed on: 2023-08-16, (Printed version due on 2023-08-18) | SECURE Energy Services 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 |
|---|---|---|
| SECURE Energy Services Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Commissioner of Competition | Respondent | Active |
Counsel
Party: SECURE Energy Services Inc.
Counsel
Emrys Davis
Kolding Larson
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: aitkenm@bennettjones.com
Party: Commissioner of Competition
Counsel
Paul Klippenstein
Ellé Nekiar
151 Yonge Street, 3rd Floor
Toronto, Ontario
M5C 2W7
Telephone: (647) 625-6782
FAX: (416) 973-5131
Email: jonathan.hood@cb-bc.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500, room 557
Ottawa, Ontario
K2P 6L2
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Competition — Mergers — Divestiture — Does the Competition Act permit the Competition Tribunal to balance competition against economic efficiency and prohibit economically efficient conduct, and in particular economically efficient mergers — If the answer is no, what is the proper interpretation of s. 96 of the Competition Act, R.S.C. 1985, c. C-34?
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) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
Two competitors merged. The Commissioner of Competition applied to the Competition Tribunal for a divestiture order on the basis that the merger substantially lessened competition in specified regional markets. SECURE Energy Services Inc. raised the efficiencies defence set out in s. 96(1) of the Competition Act, R.S.C. 1985, c. C-34. The Competition Tribunal granted the application in part and ordered some of the divestitures sought by the Commissioner. The Federal Court of Appeal dismissed an appeal.
Lower court rulings
Competition Tribunal
2023 CanLII 27447, CT-2021-002 (2023 Comp Trib 2)
Application granted in part; divesture ordered
Federal Court of Appeal
2023 FCA 172, A-89-23
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Downloadable PDFs
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Related links
Factums on appeal
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
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