Court File and Parties
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
COMMISSIONER OF COMPETITION
Respondent
– and –
X
Applicant
Marisa Ferraiuolo and Gary Caracciolo, Public Prosecution Service of Canada, Competition Law Section, for the Respondent
Scott K. Fenton and Lynda E. Morgan, for the Applicant
– and –
THE GLOBE AND MAIL INC., CANADIAN BROADCASTING CORPORATION, POSTMEDIA NETWORK INC., AND CTV NEWS, A DIVISION OF BELL MEDIA INC.
Interveners
Tae Mee Park and Peter M. Jacobsen, for the Interveners
HEARD: April 26, 2018
DECISION ON APPLICATION by PERSON X
ratushny J.
1Person X (also, the "Applicant") is an alleged participant in a price-fixing conspiracy in the fresh commercial bread industry in Canada.
2Person X seeks an Order prohibiting the publication of specific information in four Informations to Obtain (the "ITOs") that directly or indirectly reveal the Applicant's identity.
1. The Facts
3On March 3, 2015, the Competition Bureau (the "Bureau") granted an immunity marker to Loblaw Companies Limited/Weston Foods (Canada) Incorporated (the "Immunity Applicants"). The Immunity Applicants provided proffers to the Bureau pursuant to the Bureau's Immunity Program under the Competition Act, R.S.C. 1985, c. C-34.
4In December 2016 and March 2017, respectively, the Bureau interviewed two of the Immunity Applicants' witnesses whose identities are presently redacted from public view.
5In August 2017, the Bureau commenced an inquiry to investigate allegations that Canada Bread Company Limited ("Canada Bread"), the Immunity Applicants, Wal-Mart Canada Corporation ("Walmart"), Sobeys Incorporated ("Sobeys"), Metro Incorporated ("Metro