> Abuse Update: Revised Scheduling Order and Motion in Commissioner v. The Toronto Real Estate Board | COMPETITION LAW

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On February 9, 2012 a Revised Scheduling Order was issued and a Notice of Motion was filed by The Toronto Real Estate Board (“TREB”) in the ongoing Commissioner of Competition v. The Toronto Real Estate Board abuse of dominance (monopoly) case.

TREB filed a Notice of Motion for an order requiring the Commissioner to deliver an accurate and complete affidavit of documents, provide a further and more detailed description of the documents over which public interest privilege is claimed by the Bureau, production of additional documents and documents produced by Realtysellers (an intervenor in the proceedings and plaintiff in separate ongoing proceedings against TREB and The Canadian Real Estate Association – see: Realtysellers Lawsuit Against CREA and TREB Survives Motion to Dismiss).

The Scheduling Order issued in this case was amended to, among other things, reschedule dates for production of documents, deliver affidavits, motions, examinations for discovery and service of witness statements.

The dates for the evidentiary portion of the hearing were not changed and remain scheduled to begin on September 10, 2012 in Toronto (September 10, 2012 to October 8, 2012).

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