COMPETITION |
Charrette v. Canada (Commissioner of Competition)
T-1703-01
2002 FCT 698, Tremblay-Lamer J.
20/6/02
11 pp.
Application for mandamus order requiring respondent to provide information pursuant to Competition Act, s. 10(2) concerning applicant's application for inquiry under Act, s. 9 --Between May 1999 and March 2001, applicant submitted numerous complaints to Competition Bureau, alleging conduct in contravention of Act by Delta Controls Systems Inc., manufacturer of energy management systems, authorized distributor, Durell Control Systems Inc.--Bureau finding no basis to believe further inquiry into possible breach of Act warranted, appropriate--S. 9 application with respect to which applicant sought to compel status report under Act, s. 10(2)-- Respondent has fully performed legal duty owed to applicant by investigating complaints, determining inquiry not warranted, advising him of result--Only difference between applicant's current application, previous complaints way in which inquiry initiated--Once complainant exhausted one of different routes, rights must be spent subject to presenting material new evidence--Applicant not having legal right to have same complaint investigated by Commissioner repeatedly without new evidence being presented--Granting of mandamus order purely discretionary--Applicant's actions amounting to abuse of process--Balance of convenience not favouring issuing of mandamus order as administrative cost that would follow obvious, unacceptable--Application dismissed--Competition Act, R.S.C., 1985, c. C-34, ss. 9 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 22; S.C. 1999, c. 2, ss. 6, 37(b)), 10 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 23; S.C. 1999, c. 2, ss. 7, 37(c); c. 31, s. 45).