Following the 2014 consent agreement between the Commissioner
and the Respondent Publishers, Rakuten Kobo Inc., a third-party
retailer of e-books, applied to the Tribunal to change or rescind
the agreement on grounds that it was based on terms that cannot be
the subject of an order of the Tribunal.
In particular, the Tribunal found that in order to exercise its
jurisdiction, the Commissioner must provide enough detail to give
the Tribunal sufficient understanding of the legal basis for the
consent agreement. Because the consent agreement between the
Commissioner and the Respondent Publishers did not contain any such
information, the agreement was "fatally flawed."
The Tribunal considered one Respondent Publisher's argument
that public interest considerations favoured the finality of
settlement of legal and regulatory disputes reflected in this
consent agreement, but found that there may also be public interest
considerations favouring the setting aside of settlements. In this
case, since the agreement could not sufficiently identify the legal
basis underpinning the remedy, the Tribunal was justified in
exercising its discretion to rescind the consent agreement.
Clients anticipating negotiating a consent agreement with the
Commissioner should take note that:
The Commissioner is likely to seek to
include more particulars in consent agreements in order to conform
to the standard set out by the Tribunal. Negotiations over these
particulars may extend the amount of time needed to complete the
The requirement that additional
particulars be listed in the consent agreement may have
consequences for parties who may be subject to private actions in
relation to the conduct addressed in a consent agreement.
The Kobo decision also
suggests that the Tribunal is willing to take a more active
supervisory role over consent agreements through their recission
and variance powers. However, we expect that significant deference
will generally be given to consent agreements registered with the
Tribunal, so long as they meet the basic standard set out in this
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Please join members of the Blakes Commercial Real Estate group as they discuss five key provisions of a commercial real estate purchase agreement that are often the subject of much negotiation but are sometimes misunderstood.
Emotional culture is influenced in great part by the mindset and actions of leadership, although employees also play more of a role than they may realize in creating the culture that exists in the group.
The session will be led by Dr. Robert Brooks, an award-winning author and psychologist. In his presentation, Dr. Brooks will describe the mindset and realistic practices of leaders and staff that help to nurture and sustain a culture characterized by positive emotions, satisfying, respectful relationships, a sense of meaning and ownership for one’s work, and enhanced job performance. Examples will be offered to illustrate strategies for developing a positive emotional culture in an organization.
Join leading lawyers from the Blakes Pensions, Benefits & Executive Compensation group as they discuss recent updates and legal developments in pension and employee benefits law as well as strategies to identify and minimize common risks.
The Commissioner of Competition addressed innovation, enforcement and policy initiatives at the Competition Bureau in his keynote speech, "Strengthening Competition: Innovation, Collaboration and Transparency."
Used car listing website operator CarGurus Inc.'s attempt to force rival Trader Corporation to supply it with vehicle listing data has encountered a dead end as the Competition Tribunal denied it leave to commence a private application under several provisions of the Competition Act.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).