Date: 20040907
Docket: A-476-03
Citation: 2004 FCA 284
CORAM: ROTHSTEIN 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.
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)
[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