[2017] 4 F.C.R. D-1
Competition
Practice
Motion by applicant seeking stay of its application for judicial review in within proceeding pending final disposition of motion for summary dismissal brought by HarperCollins Publishers L.L.C., HarperCollins Canada Limited (HarperCollins) before Competition Tribunal — In that motion, HarperCollins requesting, inter alia, dismissal of application filed by Commissioner of Competition (Commissioner) against it pursuant to Competition Act, R.S.C., 1985, c. C-34, s. 90.1 — Applicant also seeking order requiring Commissioner to produce unredacted versions of all documents disclosed in connection with application; order varying timetable in its application to permit it to file amended or supplemental material — Applicant, in underlying application, seeking to challenge on jurisdictional grounds consent agreements entered into between Commissioner, respondent publishers — Applicant asserting, inter alia, that Tribunal’s decision in respect of motion for summary dismissal will inform one or more of the key jurisdictional issues raised in its application — Whether interests of justice supporting delay in proceeding — Appropriate to stay hearing of applicant’s application in within proceeding for short period of time to allow Tribunal to hear, issue decision in respect of motion for summary dismissal — Requiring both proceedings to proceed simultaneously not effective use of scarce public, judicial resources, not consistent with spirit of Federal Courts Rules, SOR/98-106, r. 3 — Also creating risk that Tribunal, Court would make inconsistent findings — Could be difficult for parties, public to reconcile such differing conclusions — Preferable for Court to have benefit of Tribunal’s determinations regarding jurisdictional issues — Potential adverse consequences on Commissioner, public that may be associated with short delay in resolution of issues raised by applicant in its application minor in nature — As to requests for order requiring Commissioner to produce unredacted versions documents, leave to file amended or supplementary material, those requests denied — Motion granted in part.
Rakuten Kobo Inc. v. Canada (Commissioner of Competition) (T-219-17, 2017 FC 382, Crampton C.J., order dated April 19, 2017, 26 pp.)