Sears Canada Inc. v. Canada (Commissioner of Competition)
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Sears Canada Inc. v. Canada (Commissioner of Competition) Court (s) Database Federal Court of Appeal Decisions Date 2004-09-07 Neutral citation 2004 FCA 284 File numbers A-476-03 Decision Content Date: 20040907 Docket: A-476-03 Citation: 2004 FCA 284 CORAM: ROTHSTEIN J.A. NOËL J.A. NADON J.A. BETWEEN: SEARS CANADA INC. Appellant and THE COMMISSIONER OF COMPETITION Respondent Heard at Ottawa, Ontario, on September 7, 2004. Judgment delivered from the Bench at Ottawa, Ontario, on September 7, 2004. REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20040907 Docket: A-476-03 Citation: 2004 FCA 284 CORAM: ROTHSTEIN J.A. NOËL J.A. NADON J.A. BETWEEN: SEARS CANADA INC. Appellant and THE COMMISSIONER OF COMPETITION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 7, 2004) ROTHSTEIN J.A. [1] In spite of the very able argument of counsel for the appellant, we have not been persuaded that Dawson J. erred in her interpretation and application of subsection 75(1) of the Federal Court Rules, 1998, or her assessment of prejudice to the respondent and absence of prejudice to the appellant. The appeal will be dismissed with costs of $4,000, inclusive of disbursements. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-476-03 STYLE OF CAUSE: Sears Canada Inc. v. The Commissioner of Competition PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 7, 2004 REASONS FOR JUDGMEN…
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Sears Canada Inc. v. Canada (Commissioner of Competition) Court (s) Database Federal Court of Appeal Decisions Date 2004-09-07 Neutral citation 2004 FCA 284 File numbers A-476-03 Decision Content Date: 20040907 Docket: A-476-03 Citation: 2004 FCA 284 CORAM: ROTHSTEIN J.A. NOËL J.A. NADON J.A. BETWEEN: SEARS CANADA INC. Appellant and THE COMMISSIONER OF COMPETITION Respondent Heard at Ottawa, Ontario, on September 7, 2004. Judgment delivered from the Bench at Ottawa, Ontario, on September 7, 2004. REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20040907 Docket: A-476-03 Citation: 2004 FCA 284 CORAM: ROTHSTEIN J.A. NOËL J.A. NADON J.A. BETWEEN: SEARS CANADA INC. Appellant and THE COMMISSIONER OF COMPETITION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 7, 2004) ROTHSTEIN J.A. [1] In spite of the very able argument of counsel for the appellant, we have not been persuaded that Dawson J. erred in her interpretation and application of subsection 75(1) of the Federal Court Rules, 1998, or her assessment of prejudice to the respondent and absence of prejudice to the appellant. The appeal will be dismissed with costs of $4,000, inclusive of disbursements. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-476-03 STYLE OF CAUSE: Sears Canada Inc. v. The Commissioner of Competition PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 7, 2004 REASONS FOR JUDGMENT OF THE COURT: (Rothstein, Noël and Nadon JJ.A.) RENDERED FROM THE BENCH BY: ROTHSTEIN J.A. APPEARANCES: Ms. Martha Healey Ms. Kerri Knudsen FOR THE APPELLANT Mr. John Syme FOR THE RESPONDENT SOLICITORS OF RECORD: Ogilvy Renault Ottawa, Ontario FOR THE APPELLANT Mr. Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca