COMPETITION |
Canada (Commissioner of Competition) v. Superior Propane Inc.
A-539-00
Stone J.A.
11/1/01
8 pp.
Appeal from Competition Tribunal order allowing respondents' motion for order requesting confirmation Tribunal's Consent Interim Order (Hold Separate Order) terminated as at August 30, 2000 on Tribunal's dismissal of appellant's application under Competition Act, s. 92--Hold Separate Order made under Act, s. 104--Nadon J. giving brief reasons for concluding Hold Separate Order lapsed on August 30, 2000--Issue in limine standard by which Court to review Nadon J.'s decision, order--Appropriate standard of review that of correctness as whether Hold Separate Order lapsed on August 30, 2000, continued or could be continued by Tribunal after that date depending upon interpretation of s. 104--Under s. 104(1), jurisdiction to make order exists "where an application has been made for an order under this Part"--S. 92 application clearly falling within scope of that language--S. 104 not intended to allow for extension of Hold Separate Order beyond date of s. 92 order of August 30, 2000--Words in s. 104(1) not encompassing intention Tribunal be able to continue Hold Separate Order in effect when s. 92 order rendered until appeal from order to Court finally disposed of--Appeal dismissed--Competition Act, R.S.C., 1985, c. C-34, ss. 92 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 45; S.C. 1999, c. 2, s. 37(z.7)), 104 (as am. idem, s. 37(z.12)).