Warner Music Group Inc. ( Re )
T-1959-97
Lutfy J.
15/10/97
7 pp.
Motion by Columbia House Company to set aside ex parte order for production of records, written return of information through one of authorized representatives-Order made as part of inquiry by Director of Investigation and Research into complaint by BMG Direct Ltd. of refusal to deal by Warner Music Canada Ltd. concerning licences for reproduction of and sale rights to recordings-Inquiry commenced by Director on December 19, 1996 under Competition Act, s. 10(1)(b)(ii)-Columbia House moved to rescind s. 11 order on grounds Director's filing of notice of application before Tribunal constitutes end of s. 10 inquiry-Act, s. 10 mandating Director to inquire "with the view of determining the facts"-Information now sought by Director from Columbia House may be of use during discovery process before Tribunal-No reason to require Director to wait until Tribunal hearing for production of information now subject to Court order-Director need not disclose to parties reasons for issuing notice of application prior to expiry of time limit for compliance by Columbia House with s. 11 order-Contrary to spirit of Act to require Director to await full compliance with s. 11 order before launching civil remedy before Tribunal-Filing of notice of application before Tribunal not terminating s. 10 inquiry-Motion dismissed-Competition Act, R.S.C., 1985, c. C-34, ss. 10 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 23), 11 (as am. idem, s. 24).