Symbol Technologies Canada ULC v. Barcode Systems Inc.[1] A corporation that is no longer a going concern cannot maintain a private application under s. 75, the Tribunal held in October 2005. In early 2004, the Tribunal granted Winnipeg bar code equipment seller Barcode Systems Inc.leave to commence a private application to force Symbol Technologies Canada [...]

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by Michael Osborne, Jennifer Cantwell, Paul Emerson, and Angela Yadav TOP STORIES Tread carefully when advertising “sale” prices: In January 2005, the Tribunal ruled that Sears Canada Inc. exaggerated savings in ads for tires. The “regular” prices advertised by Sears were not genuine and bona fide because Sears sold less than 2% of the tires [...]

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TOP STORIES Competition Bureau proposes new “per se” conspiracy provision: Agreements between competitors for the purpose of or that have the effect of fixing prices, allocating customers or markets, or restricting output would be illegal even if they do not harm competition. If passed, this provision’s wide scope could make many existing agreements unlawful. Other [...]

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