R. v. McLellan Supply Ltd. and Scott (S.F.) Manufacturing Co. (No. 2), (1986) 69 A.R. 132 (QB)

• Judge: Yanosik, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 14, 1986
• Citations: (1986), 69 A.R. 132 (QB)

R. v. McLellan Supply Ltd. (1986), 69 A.R. 132 (QB)

MLB headnote and full text

Her Majesty The Queen v. 215626 Alberta Ltd., formerly known as McLellan Supply Limited and S.F. Scott Manufacturing Co. Limited

(No. 8508-0044C2)

Indexed As: R. v. McLellan Supply Ltd. and Scott (S.F.) Manufacturing Co. (No. 2)

Alberta Court of Queen's Bench

Judicial District of Medicine Hat

Yanosik, J.

January 14, 1986.

Summary:

Two corporations were charged with bid-rigging contrary to s. 32.2(2) of the Combines Investigation Act. The accused applied in Provincial Court to stay or quash the proceedings, alleging a violation of s. 11(b) of the Charter. The Alberta Provincial Court, in a decision reported 64 A.R. 6, dismissed the application.

At trial the Crown sought to introduce copies of documents seized by a combines investigations officer during a search authorized under s. 10 of the Combines Investigation Act. The accused objected. The Alberta Court of Queen's Bench on a voir dire, reported 69 A.R. 118, ruled that the seizure was contrary to s. 8 of the Charter and the evidence would be excluded under s. 24(2).

In the decision on the merits reported below, the Alberta Court of Queen's Bench acquitted the accused.

Trade Regulation - Topic 664

Competition - Bid-rigging - What constitutes - The Alberta Court of Queen's Bench discussed what must be proved to establish the offence of bid-rigging under s. 32.2(2) of the Combines Investigation Act and listed specifically seven criteria - The court acquitted two companies of bid-rigging where the criteria were not met.

Cases Noticed:

R. v. Charterways Transportation Ltd. et al. (1981), 60 C.C.C.(2d) 510, agreed with [paras. 19, 21].

R. v. Lorne Wilson Transportation Ltd. (1982), 69 C.C.C.(2d) 94, refd to. [paras. 20, 22].

Statutes Noticed:

Combines Investigation Act, R.S.C. 1970, c. C-23, sect. 32.2(2).

Counsel:

G. Bourgard, for the Crown;

D. Kolody, for S.F. Scott Manufacturing Co. Limited;

No appearance for 215626 Alberta Ltd.

This case was heard before Yanosik, J., of the Alberta Court of Queen's Bench, who delivered orally the following decision on January 14, 1986: