PRACTICE |
Judgments and Orders |
Summary Judgment |
Charette v. Honeywell Ltd.
T-1480-02
2003 FC 1051, Kelen J.
9/9/03
5 pp.
Motion by plaintiff for summary judgment and cross-motion by defendant for summary judgment--Whether genuine issue for trial--In case at bar, no important question of fact in dispute--Case appropriate for summary judgment--Whether defendant's requirement plaintiff apply through Honeywell Authorized Controls Integrator contractor program reasonable precondition for plaintiff to be provided with Honeywell spare parts and to be certified as Honeywell service provider or is it breach of Competition Act, s. 45, or does it more properly fall under s. 75?--And whether representations by defendant on its website constitute breach of s. 52--With respect to s. 45, no conspiracy or arrangement by Honeywell: Honeywell makes clear to everyone that it will only provide its parts and will only authorize persons to service its equipment if service provider has been accredited by Honeywell--Not subject matter of s. 45 "arrangement"--However, Act providing remedies which will require supplier of product to sell that product to persons whose business would be substantially affected if supplier did not do so--That is the situation in case at bar--Court finds requirement by Honeywell not something that can be seen as conspiracy to lessen competition under s. 45--Thus, claim under s. 45 dismissed--With respect to refusal to deal issue, plaintiff's complaint properly characterized as refusal to deal and subject-matter within expertise and exclusive jurisdiction of Competition Bureau and Competition Tribunal--With respect to second issue of misrepresentation, plaintiff did not actively pursue it, but it was subject of defendant's cross-motion for summary judgment--After review of website, Court finds representation has not been shown to be false or misleading in material respect and this part of action must also be dismissed-- Plaintiff's motion for summary judgment dismissed and defendant's motion for summary judgment allowed--Action dismissed--Competition Act, R.S.C., 1985, c. C-34, ss. 45 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 30; S.C. 1991, c. 45, s. 547; c. 46, s. 590; c. 47, s. 714), 52 (as am. by S.C. 1999, c. 2, s. 12), 75 (as am. idem, s. 37; 2002, c. 16, s. 11.1).