Competition Tribunal Rules (SOR/2008-141)

Marginal note:Response

• 44 (1) A party served with a motion for leave to intervene may, within 14 days after that service, serve a response to the motion on the person making the motion and on each of the parties and shall file any response to the motion with proof of service.

• Marginal note:Content

  (2) A response to a motion for leave to intervene shall

  • (a) deal with the matters raised in the motion; and

  • (b) state whether the party filing the response considers that a hearing should be held to determine the motion.

Marginal note:Reply

45 A person making a motion for leave to intervene may, within seven days after the service of the response referred to in rule 44, serve a reply on each of the parties and shall file the reply with proof of service.

Marginal note:Disposition

• 46 (1) If the Tribunal is of the opinion that a hearing should be held to determine a motion for leave to intervene, the motion shall be disposed of at a time and in a manner determined by the Tribunal.

• Marginal note:Determination by Tribunal

  (2) The Tribunal may allow a motion for leave to intervene, with or without conditions, or refuse the motion.

Marginal note:Intervention allowed

47 If a motion for leave to intervene is allowed

• (a) the Registrar shall send to the intervenor a list of all documents filed in the proceedings before or on the day on which the motion for leave to intervene was allowed;

• (b) on request, the intervenor may obtain copies of the documents on the list from the Registrar;

• (c) each party and each other intervenor shall serve on the intervenor any document that is filed by them after the day on which the motion for leave to intervene was allowed; and

• (d) access by an intervenor to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.

Marginal note:Service of documents

48 Any document to be filed by an intervenor shall be served on each party and each other intervenor and shall be filed with proof of service.

Marginal note:Intervention by attorney general of a province

• 49 (1) If a notice of application relating to an application under section 86, 87 or 92 of the Act is filed, the Registrar shall serve the notice on the attorney general of each province.

• Marginal note:Date for filing notice

  (2) The Registrar shall inform the attorney general of each province of the date on or before which any notice of intervention under rule 50 must be filed.

Marginal note:Notice of intervention

• 50 (1) The attorney general of a province who decides to intervene in any proceedings before the Tribunal under section 86, 87 or 92 of the Act shall

  • (a) serve a notice of intervention on each party; and

  • (b) file the notice with proof of service within 10 days after the expiry of the period for filing a response.

• Marginal note:Content

  (2) A notice of intervention shall set out

  • (a) the title of the proceedings in which the attorney general is intervening;

  • (b) a concise statement of the nature of the interest of the attorney general in the proceedings;

  • (c) a concise statement of the matters in respect of which the attorney general will make representations on behalf of the province;

  • (d) the name of the party, if any, whose position the attorney general intends to support; and

  • (e) the official language that the attorney general intends to use in the proceedings.

• Marginal note:Service

  (3) The Registrar shall serve the notice of intervention on each other intervenor as soon as it is filed.

Marginal note:List of documents

51 If a notice of intervention is filed

• (a) the Registrar shall send to the attorney general a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed;

• (b) on request, the attorney general may obtain copies of the documents on the list from the Registrar;

• (c) each party and each other intervenor shall serve on the attorney general any document filed by them after the day on which the notice of intervention was filed; and

• (d) access by the attorney general to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.

Marginal note:Participation of an attorney general

• 52 (1) Subject to subsection 57(4) of the Federal Courts Act, the participation of an attorney general who has filed a notice of intervention is restricted to attending and making submissions at motions, case management conferences and the hearing of the application.

• Marginal note:Motion for leave to participate

  (2) The attorney general may at any time serve and file with proof of service a motion for leave to participate in the proceedings in a manner other than that set out in subrule (1).

Marginal note:Service of documents

53 Any document to be filed by an attorney general shall be served on each party and any other intervenor and shall be filed with proof of service.

Marginal note:Intervention by the Commissioner

• 54 (1) If the Commissioner intervenes in a proceeding under section 103.2 or subsection 124.2(3) of the Act, the Commissioner shall file a notice of intervention that sets out

  • (a) the title of the proceedings in which the Commissioner is intervening; and

  • (b) a concise statement of the matters on which the Commissioner wishes to make representations.

• Marginal note:Service

  (2) The Registrar shall serve the notice of intervention on each party as soon as it is filed.

Marginal note:Commissioner’s access to documents

55 If a notice of intervention is filed by the Commissioner,

• (a) the Registrar shall, within five days after the filing of the notice, send to the Commissioner a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed;

• (b) on request, the Commissioner may obtain copies of any of the documents on the list from the Registrar;

• (c) each party shall serve on the Commissioner any document that is filed by them after the day on which the notice of intervention is filed; and

• (d) access by the Commissioner to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.

Admissions

Marginal note:Requests for admissions

56 A party may, after pleadings have been closed but not later than 25 days before the commencement of the hearing, request that another party admit a fact or the authenticity of a document by serving a request to admit, in form 255 of the Federal Courts Rules, on that party, with any modifications that the circumstances require.

Marginal note:Deemed admissions

• 57 (1) A party who is served with a request to admit is deemed to admit the truth of a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in form 256 of the Federal Courts Rules within 20 days after service of the request and denies the admission, setting out the grounds for the denial, with any modifications that the circumstances require.

• Marginal note:Admissions for purposes of the proceedings

  (2) A party is deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request, unless the party’s response

  • (a) specifically denies the truth of a fact or the authenticity of a document mentioned in the request; or

  • (b) refuses to admit the truth of a fact or the authenticity of a document and sets out the reason for the refusal.

Marginal note:Costs

58 If a party denies or refuses to admit the truth of a fact or the authenticity of a document after receiving a request to admit, and the fact or authenticity of the document is subsequently proved at the hearing, the Tribunal may take the denial or refusal into account in exercising its discretion respecting costs.

Marginal note:Withdrawal of admission

59 An admission made in response to a request to admit, a deemed admission under rule 57 or an admission in a pleading may be withdrawn on consent of the other party or with leave of the Tribunal.

Discovery

Marginal note:Affidavit of documents

• 60 (1) The applicant and each respondent who has filed a response shall, within the time prescribed at a case management conference, serve an affidavit of documents on each other party.

• Marginal note:Content

  (2) An affidavit of documents shall include

  • (a) a list identifying the documents that are relevant to any matter in issue and that are or were in the possession, power or control of the party;

  • (b) any claim that a document is confidential or contains confidential information;

  • (c) any claim that a document is privileged; and

  • (d) a statement of the grounds for each claim of privilege.

Marginal note:Power of the Tribunal

61 Upon the motion of a party who has served an affidavit of documents and who opposes a claim for privilege of another party, the Tribunal may inspect the document and determine the validity of the claim.

Marginal note:Application of deemed undertaking

• 62 (1) This rule applies to evidence obtained during documentary, written and oral discovery and information obtained from that evidence.

• Marginal note:Deemed undertaking

  (2) All parties and their counsel are deemed to undertake not to use evidence or information to which this rule applies for any purposes other than those of the proceeding in which the evidence was obtained.

• Marginal note:Exceptions

  (3) Subrule (2) does not prohibit

  • (a) a use to which the person who disclosed the evidence consents;

  • (b) the use, for any purpose, of

    • (i) evidence that is filed with the Tribunal,

    • (ii) evidence that is given or referred to during a hearing; or

    • (iii) information obtained from evidence referred to in subparagraph (i) or (ii),

  • (c) the use of evidence obtained in one proceeding, or information obtained from such evidence, to impeach the testimony of a witness in another proceeding, or

  • (d) the use of evidence or information in a subsequent Tribunal proceeding.

• Marginal note:Non-application

  (4) If satisfied that the interest of justice outweighs any prejudice that would result to a party who disclosed evidence, the Tribunal may, on motion, order that the deemed undertaking referred to in subrule (2) does not apply to the evidence or to information obtained from it, and may impose any terms and give any directions that are just.

Marginal note:Supplementary affidavit

63 A party who has served an affidavit of documents and who comes into possession or control of or obtains power over a relevant document, or who becomes aware that the affidavit of documents is inaccurate or deficient, shall as soon as possible serve a supplementary affidavit of documents listing the document or correcting the inaccuracy or deficiency.

Marginal note:Examination for discovery

• 64 (1) Examination for discovery shall occur as of right.

• Marginal note:Power of the Tribunal

  (2) The Tribunal may, in case management, make rulings to deal with the timing, duration, scope and form of the discovery as well as the appropriate person to be discovered.

Access to Documents

Marginal note:Access to documents

65 Subject to any confidentiality order under rule 66, a party who has served an affidavit of documents on another party shall allow the other party to inspect and make copies of the documents listed in the affidavit, unless those documents are subject to a claim for privilege or are not within the party’s possession, power or control.

Marginal note:Confidentiality order

• 66 (1) The Tribunal may order that a document or information in a document be treated as confidential and make any order that it deems appropriate,

  • (a) upon the motion of a party who has served an affidavit of documents; or

  • (b) upon the motion of a party or intervenor who has filed or will file the document.

• Marginal note:Clarification

  (2) For greater certainty, the Tribunal may issue a single confidentiality order to cover the documents or information under paragraphs (1)(a) and (b).

Marginal note:Content of motion

67 The party or intervenor making a motion referred to in rule 66 shall

• (a) include in the grounds for the motion details of the specific, direct harm that would allegedly result from unrestricted disclosure of the document or information; and

• (b) include in the motion a draft confidentiality order including the following elements, namely,

  • (i) a description of the document or information or the category of documents or information for which the person seeks the confidentiality order,

  • (ii) the identification of the person or category of persons who are entitled to have access to the confidential document or information,

  • (iii) any document or information or category of documents or information to be made available to the person or category of persons referred to in subparagraph (ii),

  • (iv) any written confidentiality agreement to be signed by the person or persons referred to in subparagraph (ii) and the provisions of that agreement,

  • (v) the number of copies of any confidential document to be provided to the person or persons referred to in subparagraph (ii) and any limitation on subsequent reproduction of that document by that person or those persons, and

  • (vi) the disposal of the confidential document following the final disposition of the proceeding.

Pre-hearing Disclosure

Marginal note:List of documents and witness statements

• 68 (1) The applicant shall, at least 60 days before the commencement of the hearing, serve on every other party and on all intervenors

  • (a) a list of documents on which the applicant intends to rely at the hearing, noting any waivers of privilege claimed in regard to those documents; and

  • (b) witness statements setting out the lay witnesses’ evidence in chief in full.

• Marginal note:Content of witness statements

  (2) Unless the parties otherwise agree, the witness statements shall include only fact evidence that could be given orally by the witness together with admissible documents as attachments or references to those documents.