Expert Appointed To Advise on Section 11 Process

Ottawa, March 3, 2008 – Brian Gover has been appointed to advise Sheridan Scott, Commissioner of Competition, and John Sims, Deputy Minister of Justice, on certain matters pertaining to the Competition Bureau’s use of section 11 orders under the Competition Act.

In particular, Mr. Gover will review and advise on the standard of disclosure required in ex parte applications under the Act, review and advise on the Bureau’s section 11 process, and make recommendations within three months. Terms of reference and a brief biographical note are attached.

The Competition Bureau is an independent law enforcement agency. We contribute to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.

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Terms of Reference

• Review and advise on the standard of disclosure required in ex parte applications under section 11 of the Competition Act with reference to litigated cases.
  
• Review and advise on the Bureau’s section 11 process with a view to ensuring that courts to which the Commissioner makes section 11 applications obtain the information required to allow them to determine whether or not to issue orders under that section.
  
• Make recommendations to assist in ensuring that the Bureau makes adequate disclosure to the courts in making applications under section 11of the Act having regard to, among other things: the applicable legal principles pertaining to disclosure; the Commissioner’s mandate under the Act; the operational exigencies, including time limits, which the Commissioner and the Competition Bureau must address; practices and procedures of counsel in obtaining section 11 orders; and the need to ensure the efficacy of section 11 orders as an effective investigative tool.

Biographical note

Brian Gover was admitted to the Ontario Bar in 1983 and is a partner at Stockwoods LLP Barristers. Prior to joining the firm in 1994, he served as counsel in the Crown Law Office – Criminal within the Ontario Ministry of the Attorney-General, and also served as the Executive Legal Officer to Ontario’s Superior Court of Justice.

His practice includes competition law, criminal law, discipline proceedings, general civil litigation and administrative law. Mr. Gover has also acted as counsel on federal and provincial Commissions of Inquiry. He is a Fellow of the American College of Trial Lawyers and has argued hundreds of appeals before various courts including the Supreme Court of Canada.