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Home > Law and Litigation > In the Courts

Litigation Status Report

Department of Justice
Competition Law Division

Last update: December 1st, 2008

(PDF, 208 KB, 7 Pages)

Archives

*For information mentioned in previous Litigation Reports, please visit the Archives page.

Table of Contents

Summary of Cases

Civil Matters

Prosecutions

Please note that the following proceedings have not all been adjudicated upon by a court of law. Until the allegations in each of the following proceedings have been proven beyond a reasonable doubt, all the accused are to be presumed innocent until proven guilty according to law.

 

Civil Matters

Telecom Public Notice CRTC 2006-14 ( Wholesale/essential services)

Canadian Radio-Television and Telecommunications Commission

Assigned Counsel:  J. Palumbo

Opposing Counsel:  48 Intervenors

Nature of Matter:  Intervention under s. 125 of the Competition Act in respect of a review of the regulatory framework for wholesale services and definition of essential service.

Status:  Evidence of the Commissioner filed on March 15, 2007;
Information to be filed pursuant to Commission's determination on June 21, 2007;
Supplemental material to be filed on July 12, 2007;
hearing to be held from October 9 to 17 and 26 to 30 and the closing oral arguments held on November 9, 2007 responses to Commission undertakings, November 16, 2007;
written closing arguments, November 23, 2007;
reply argument, December 7, 2007; decision released on March 3, 2008; Bell et al. are seeking leave to appeal.

Hyperlink: http://www.crtc.gc.ca/archive/ENG/Notices/2006/pt2006-14.htm

http://www.crtc.gc.ca/archive/ENG/Decisions/2008/dt2008-17.htm

 

The Commissioner of Competition v. Premier Career Management Group Corp. and Minto Roy

Competition Tribunal (Vancouver)

Assigned Counsel: S. Lilkoff (CLD), R. Nassrallah (CLD)

Opposing Counsel: S.L. Swan (Harper Gray – Vancouver)

Nature of Matter: The Commissioner filed an application under s.74.1 of the Competition Act against the Respondents. The Commissioner alleges that the Respondents made false and misleading representations to prospective clients. The Respondents promised to give the prospective clients exclusive contacts with potential employers if they entered into contract with them. The Respondents also promised to help them find work quickly, with better salary and benefits.

Status: On May 8, 2007, the Commissioner filed a Notice of Application. The hearing is scheduled from April 14 to 25, 2008, in Vancouver; Decision was released on July 15, 2008. The tribunal dismissed the Application. Notice of Appeal was filed by the Commissioner on September 30, 2008.

Hyperlink:
http://www.ct-tc.gc.ca/english/CaseDetails.asp?x=67&CaseID=285 - 390 http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02326e.html

Prosecutions

Please note that the following proceedings have not all been adjudicated upon by a court of law. Until the allegations in each of the following proceedings have been proven beyond a reasonable doubt, all the accused are to be presumed innocent until proven guilty according to law.

R. v. David Stucky

Ontario Court of Appeal (Toronto)

Assigned Counsel: J. Sutton, N. Pfeifer

Opposing Counsel: B. Heller, D. Moore, J. Del Monte (Heller Rubel, Toronto); D. Porter, C. Lonsdale (McCarthy, Tétrault, Toronto)

Nature of Matter: charges under s. 52 Competition Act of false or misleading representations to the public in respect of various direct mail lottery and prize pitch promotions. Charges laid in July 2002. Trial was from January 16, 2006 to June 23, 2006 and the decision was released on November 17, 2006.

Status: Appeal to Ontario Court of Appeal was filed on December 18, 2006;
Motion for Directions was on June 27, 2007; appeal will be case managed. Appeal scheduled from September 30 to October 2, 2008. Awaiting decision.

R. v. J. D. Marvel, CND Mail Exchange et John Dragan

Cour du Québec (Montreal)

Assigned Counsel: G. Pinsonnault, S. Hould

Opposing Counsel:  E. Vanchestein (Shadley Battista)

Nature of Matter: false representations under s. 52 of the Competition Act

Status:  Pre-trial scheduled for March 3, 2008; Trial set for two weeks from June 8, 2009.

R. v. John Armstrong and Michael Reynolds

Ontario Court of Justice (Toronto)

Assigned Counsel: G. Reitz (ORO), G. Caracciolo

Opposing Counsel: D. Bains, C. Granek (Bains, Granek)

Nature of Matter: charges under s. 52 of the Competition Act and s. 380 of the Criminal Code relating to alleged false or misleading representations and fraud over $5000 with respect to an alleged therapy for cancer which involves exposing cancer patients to low level electromagnetic wave therapy.

Status: charges laid: August 2005;
Preliminary Inquiry set from November 17 to December 5 , 2008.

R. v. Datacom Marketing Inc. (Ontario 1431798); Datacom Direct Inc. (Ontario 1417524) Paul Barnard, Bernard Fronstein and Judy Neinstein

Ontario Superior Court (Toronto)

Assigned Counsel: J. Marshall, L. Strezos

Opposing Counsel:  B. Greenspan, D. Lighter

Nature of Matter: charges under s. 52, s. 52.1 of the Competition Act and s. 465(1)(c) and s. 380 of the Criminal Code relating to the telemarketing of a business to business directory and listing in such directory.

Status: first appearance on charges scheduled for July 12,
2006 in the Old City Hall Courthouse in Toronto;

On April 24, 2008, Mr. Barnard pleaded guilty to six criminal charges and received a two-year conditional jail sentence.
Preliminary hearing was from April 1 to May 30, 2008. Judicial pre-trial is scheduled for October 2, 2008.

Hyperlink: http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02666e.html

R. v. Leventhal et al.

Cour du Québec, Montreal

Assigned Counsel: R. Benoit, V. Chénard

Opposing Counsel: D. Lighter, B. Sher

Nature of Matter: charges under s. 52.1(2)(a), (b), s. 52.1(3)a) of the Competition Act relating to telemarketing.

Status: charges laid: March 24, 2006;

Mr. Grenia pleaded guilty on September 5, 2007;
The accused have waived the preliminary inquiry; On October 22, 2008, Neil Kevin Leventhal pleaded guilty for two charges. He received a $40,000 fine and a prohibition order under s. 34(1) of the Competition Act. The plea and sentencing hearing for Mr. Pierre Richard are scheduled for November 24, 2008. Stay of proceedings with respect to the charges against the companies Merchant Services International and International Merchant Supplies.

R. v. Kinito inc. (9094-5114 Québec inc.), Nikolaos Rothos and Stellios Vrontakis

Cour du Québec, Montreal

Assigned Counsel: S. Hould, S. Lilkoff

Opposing Counsel: A. Bergevin

Nature of Matter: charges under ss. 52 and 52.1 of the Competition Act relating to the telemarketing of the supplying of credit cards.

Status: Charges laid January 22, 2007.
On November 3, 2008, the accused pleaded guilty; stay of proceedings against the companies.

Hyperlink:

http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02249e.html

 

R. v. Garther Cheung, Sukhraj Chana, Pritpal Chana, Ranjit Sangha , Andrea Kyweriga

Alberta Court of Queen's Bench

Assigned Counsel: P. Papadatou; Alta. Jus. Special Prosecutions; J. Ma

Opposing Counsel: :  D. Mohr (Savage Silver Kiss & Virk);  D. Chow;  R. Snukal (Roulston Snukal); A. Fay (Fay & Archer); J. Lutz (Dartnell & Lutz)

Nature of Matter: charges under s.52.1 of the Competition Act and s.380 of the Criminal Code relating to the telemarketing of a business directory and listing in such directory.

Status: Charges laid June 14, 2006.
On January 30, 2007, Sarah Schaefer pleaded guilty to two counts of s.52.1 of the Competition Act and received a fine of $15,000;
Preliminary hearing scheduledwas in June 2008; Janene Cheung was discharged at the end of the preliminary hearing;
First appearance before the Alberta Court of Queen's Bench scheduled for August 22, 2008; trial is scheduled from November 2 to December 16, 2009.

R. v. MacDonald et al.

Cour du Québec, Montreal

Assigned counsel: G. Pinsonnault, V. Chénard

Opposing Counsel: R. Polnicky

Nature of Matter: charges under s. 52.1 of the Competition Act relating to the telemarketing of toner cartridges.

Status: Charges laid on June 8, 2007. First appearance was on July 6, 2007 and Pro forma adjourned to January 23, 2008; on September 2, 2008, there was a waiver of the preliminary hearing. The individuals pleaded guilty on ; September 26, 2008. Pro forma for the companies and sentencing hearing are scheduled for October 22, 2008.

Hyperlink: http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02356e.html

 

R. v. Électroméga, Tassimco, Lamoureux, Di Pietro

Cour supérieure du Québec

Assigned counsel: G. Pinsonnault

Opposing counsel: M. Massicotte, M. Daoust

Nature of Matter: charges under s. 47 of the Competition Act for bid-rigging concerning a call for bids relating to street lights.

Status: Preliminary hearing held on October 25 2007; Pro forma was on June 9, 2008; trial scheduled for November 3 to 14, 2008.

R. v. IT Data Direct et al.

Cour supérieure du Québec, Montreal

Assigned counsel: J. Marshall, S. Lilkoff

Opposing counsel: J. Bertrand, C. Monterosso, I. Schurman, J. Peris, N. Tucci, J. Brossard

Nature of Matter: Application for certiorari filed by companies and individuals affected by the search. The application is to obtain an order to quash the decision of justice of the peace to authorize the search.

Status: Certiorari hearing was from April 21 to 25, 2008. On June 6, 2008, the Court decided to uphold the warrants and indicated that there was no charter violation in the garbage seizure. Notice of Appeal filed at the Court of Appeal by companies and individuals on July 3 rd 2008.

R. v. Cory Kornelson, Hiep Manh Nguyen, Byron Steczko and Anh-Phong Vo

Cour du Québec, Montreal

Assigned counsel: S. Hould

Opposing counsel: L. Huot (represents Mr. Kornelson), Z. Al-Baghdadi (represents Mr. Steczko)

Nature of matter: Charges under s.52.1 of the Competition Act relating to the telemarketing of a business directory by the following companies: Commutel, Marketing USA et Global Management Systems.

Status: Charges laid on February 27 2008. On July 30 2008, Mr. Vo pleaded not guilty; Mr. Kornelson and Mr. Steczko also pleaded not guilty and will elect the type of trial on December 1st 2008.

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02649e.html

R. v. Daniel Leblond

Cour supérieure du Québec, Victoriaville

Assigned counsel: C. Alarie, G. Pinsonneault

Opposing counsel: P. Biron

Nature of matter: Charges under s.45 of the Competition Act relating to the price fixing of gasoline in Victoriaville.

Status: The accused pleaded guilty. On September 24, 2008, the accused was ordered to pay a fine of $10,000.

R. v. Construction G.T.R.L. et al.

Cour du Québec, Chicoutimi

Assigned counsel: S. Hould, V. Chénard

Opposing counsel: J.-M. Fradette

Nature of matter: Bid-rigging charges under s. 47 of the Competition Act. Charges laid against three construction companies and their presidents based on allegations that the parties entered into agreements to predetermine which would win some contracts.

Status: Charges laid on November 10, 2008. First appearance scheduled for January 5, 2009.

Hyperlink: http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02748e.html

R. v. Pierre Bourassa

Cour supérieure du Québec

Assigned counsel: C. Alarie, G. Pinsonneault

Opposing counsel:

Nature of matter: Charges under s.45 of theCompetition Act relating to the price fixing of gasoline in Victoriaville.

Status: Charges laid in June 2008. The accused pleaded guilty. On October 31, 2008, the accused was sentenced to 12 months of imprisonment that will be served in the community.

Hyperlink: http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02744e.html

R. v. Akzo Nobel Chemicals International BV

Federal Court

Assigned counsel: W. Miller, N. Pfeifer

Opposing counsel: R. Hughes, J. Pratt (McCarthy Tétrault)

Nature of matter: Charges under s. 45 of the Competition Act relating to the price fixing of hydrogen peroxide sold in Canada.

Status: The accused pleaded guilty. On November 21, 2008, the accused was ordered to pay a fine of $3.15 million.

Hyperlink: http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02750e.html

International Litigation

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*For information mentioned in previous Litigation Reports, please visit the Archives page.

Date Modified: 2008-12-01

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