“We defer to the tribunal, in fact, quite significantly,” Justice David Stratas told the court, in dismissing the appeal during a one-day hearing in Ottawa Jan. 24. Stratas said the court rendered the tribunal’s decision as if it had been made in a federal court.Sign up to receive the daily top stories from the Financial Post, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
Earlier Tuesday, the judges had asked questions about the Competition Bureau’s legal arguments, reminding the parties that the court can only interfere if the tribunal committed “palpable and overriding errors” in its decision, which one judge said is “a very high test.” The appeal came after the Competition Bureau had failed to resolve its objection to the deal with the companies in mid-2022 and then had its attempt to block the dealThis advertisement has not loaded yet, but your article continues below.In that decision, the three-member tribunal rejected the Bureau’s arguments that combining the two telecom giants would substantially lessen wireless competition, particularly in light of a side deal to sell Shaw’s Freedom Mobile to Vidéotron.
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