Brian Gover appointed to advise the bureau on section 11
March 3, 2008: Brian Gover, a partner at Stockwoods LLP Barristers, a former criminal crown counsel and experienced trial lawyer, has been appointed to advise Sheridan Scott, Commissioner of Competition, and John Sims, Deputy Minister of Justice, on the Bureau's section 11 process.
In particular, he is to report on the standard of disclosure required in ex parte applications under s. 11 for orders for the production of documents and information under the Competition Act, and to make recommendations to assist in ensuring that the Competition Bureau makes adequate disclosure to the courts in ex parte section 11 proceedings.
The Bureau was roundly rebuked by the Federal Court in a January, 2008 decision setting aside section 11 orders issued by it in November, 2007 in the ongoing Labatt/Lakeport merger inquiry, saying that the information filed by the Commissioner had been "misleading, inaccurate and incomplete." For further detail see "Substantial disclosure obligations for production orders: Federal Court rebukes Commissioner" (The Competitor, February 11, 2008). Mr. Gover is to report by June.
