July 1, 2010
The Globe and Mail reported yesterday that the federal Competition Tribunal has refused Lawrence Dale’s request for leave to intervene in the CREA abuse of dominance case.
In this case there have been two requests for leave to intervene – one by Lawrence Dale, who claims that he “faced concerted efforts by CREA and its members to drive [his company] out of business” and a second by the National FSBO Network.
In denying Mr. Dale’s request to intervene, Madame Justice Simpson said she was concerned that Dale, who has a significant ongoing lawsuit against CREA, might use the civil abuse of dominance proceedings to gain access to files that he would otherwise not be able to see. Mr. Dale was granted the ability to appear as a witness in the proceedings.
With regard to Mr. Dale’s request for leave, Madame Justice Simpson also said: “what you have presented is a bald statement with no substance behind it … Just because [the Commissioner of Competition] represents the public and you represent business doesn’t have any meat.”
The National FSBO Network, that operates a for-sale-by-owner listings website in Ottawa, also sought leave to intervene, based on the argument that the Bureau has omitted information in their pleadings regarding alternatives to the MLS system. The Tribunal allowed the National FSBO Network to file a statement, but Madame Justice Simpson held that its principal’s role, Mr. Stephen Skelly, will “be very limited.”
Reasons for the Tribunal’s intervenor leave decisions are to be issued next week.
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