Case Management and Hearing Management Conferences

October 2010

PRACTICE DIRECTION REGARDING CASE MANAGEMENT AND HEARING MANAGEMENT CONFERENCES

(i)     The Case Management Conference

The Competition Tribunal takes an active role in case management. This means that, shortly after a reply is filed or sooner if indicated by the circumstances, counsel will be asked to attend (perhaps by teleconference) a case management conference with a judicial member of the Tribunal to establish the hearing's language requirements, start date, duration, location and modus operandi (electronic or paper - the parties are to indicate in their pleadings the preferred medium for the hearing of the application). As well, timeframes, dates and deadlines will be set for pre-hearing procedures. They may include:

Constitutional Issues

• a date for serving a notice of constitutional question
• a date for hearing the motion before a hearing on the merits

• dates for service of affidavits of documents by parties and for the delivery of documents
• dates for service of intervenors' affidavits of documents and for the delivery of their documents
• a deadline for filing motions which raise issues about affidavits of documents
• a date for hearing any such motions

• a deadline for filing motions about the scope of discoveries and a hearing date for any such motions
• a time period during which discoveries are to be held
• a date for fulfilling any undertakings
• a deadline for completing any further examinations
• a deadline for filing any motions related to discoveries
• a date for hearing discovery motions

• a date for service of applicants' witness statements
• a date for service of respondents' witness statements
• a date for service of interveners' witness statements
• a date for service of applicants' reply witness statements
• a date for providing witness statements to the Tribunal

• a date for service of applicants' expert reports
• a date for service of respondents' expert reports
• a date for service of any applicants' reply expert reports
• a date for providing expert reports to the Tribunal
• a date for filing the acknowledgements

• a deadline for providing documents to the Tribunal for use at the hearing (e.g. joint briefs of authorities, agreed books of documents)

• a deadline for filing any pre-hearing motions not described above
• a date for hearing such motions

Counsel will be asked to consult one another before the case management conference with a view to preparing an agreed pre-hearing schedule. If they cannot agree, each party shall file a proposed timetable and the Tribunal may circulate a proposal before the case management conference to provide a basis for discussion.

In the course of further case management conferences, the Tribunal will set with the parties the allocation of the total hearing time between the parties. Please refer to the December 2010 Notice on “Chess Clock” Proceedings.

After the case management conference, a Scheduling Order will be issued. Counsel should understand that, once dates have been settled and made the subject of a Scheduling Order, they are firm. Accordingly, adjournments, even if sought on consent, are unlikely to be granted.

For this reason, it is important for counsel to consult clients, experts and other witnesses about their availability before the case management conference.

(ii)     The Hearing Management Conference

This conference (which may also be held by teleconference) will be chaired by the judicial member who has been designated to preside at the hearing. It may deal with matters such as:

• a date for filing a statement of agreed facts
• a joint brief of authorities
• a joint compendium of key documents
• whether there are any preliminary matters or motions to be dealt with at the hearing such as motions to amend pleadings or to exclude experts' reports
• the possibility of witnesses testifying in panels
• sitting times during the hearing
• a date for the filing of a hearing schedule jointly prepared by all parties which provides (i) the anticipated duration of opening statements (ii) the name of each witness and when each is scheduled to be called (iii) an estimate of the duration of the direct, cross and re-examination of each witness and (iv) the anticipated duration of closing statements
• the timing of the delivery of any written argument.

Justice Sandra Simpson
Chairperson