COMPETITION
Motion pursuant to Federal Courts Rules, SOR/98-106, r. 399 for order setting aside or varying order, made pursuant to Competition Act, R.S.C., 1985, c. C-34, s. 11 on ex parte application of Commissioner, requiring Labatt and Lakeport to produce documentary records, written return of information—Heavy burden on Commissioner to make full, frank disclosure on ex parte application under Act, s. 11—All matters relevant to weighing operation Court has to make in deciding whether or not to grant order must be disclosed—Disclosure made by Commissioner herein misleading, inaccurate, incomplete in light of, inter alia, significant overlap between information sought and that already provided, and failure to bring concerns previously articulated by Labatt about burdensome nature of Commissioner’s prior demands for information to Court’s attention—Motion granted, order set aside.
Commissioner of Competition v. Labatt Brewing Co. Ltd. (T-325-07, 2008 FC 59, Mactavish J., public reasons for order dated 28/1/08, 51 pp.)