Members


Member Appointments

The Governor in Council appoints judicial members from the Federal Court on the recommendation of the Minister of Justice. Lay members are appointed by the Governor in Council on the recommendation of the Minister of Innovation, Science and Economic Development. They provide expertise based on their individual backgrounds in economics, business, finance, accounting or marketing. Lay members are appointed on a part-time basis.

The members are appointed for fixed terms of up to seven years and may be reappointed. One of the judicial members is appointed Chairperson of the Tribunal by the Governor in Council.

Chairperson's Role

The Chairperson directs the work of the Tribunal and, in particular, allocates case work to the members. The Tribunal must hear applications for orders under Part VIII of the Competition Act (Matters reviewable by the Tribunal) in panels of three to five members. A judicial member must preside at the hearing and there should be at least one lay member on the panel.

Mr. Justice Denis Gascon of the Federal Court is the Chairperson of the Competition Tribunal.

Judicial Members


Mr. Justice Denis Gascon (Chairperson)

Appointed Chairperson April 30, 2015 to April 29, 2022

The Honourable Denis Gascon was appointed a judge of the Federal Court on February 26, 2015. Prior to joining the Federal Court, Mr. Justice Gascon was a partner with Norton Rose Fulbright Canada in Montreal, where he was heading the firm’s Antitrust and Competition Team in Canada. He was also part of the Norton Rose Fulbright global leadership group for their Antitrust and Competition practice.

Mr. Justice Gascon practised competition law and international trade law at Ogilvy Renault (now Norton Rose Fulbright Canada) for 25 years, after being called to the Bar of Quebec in 1989. Over the years, he advised Canadian and international companies on all aspects of competition and international trade laws, including Canadian and multi-jurisdictional merger transactions, criminal cartel and conspiracy cases, distribution strategies and pricing practices, compliance programs and trade remedy cases. He has regularly appeared before the Canadian Competition Bureau and the Competition Tribunal. He has also assisted companies in foreign investment reviews under the Investment Canada Act.

Mr. Justice Gascon has been on the executive of the Canadian Bar Association Competition Law Section for several years and acted as Chair of the Section in 2013 2014. He was a member of the Canadian Bar Association, the International Bar Association and the American Bar Association. Throughout his career as a lawyer, Mr. Justice Gascon has been recognized as one of Canada’s leading competition and international trade lawyers, notably in the Canadian Lexpert Directory and in Best Lawyers in Canada as well as in various international publications such as Chambers Global, Global Competition Review, Legal Media Group and PLC Cross-border Competition Law Handbook. He was also an experienced author and frequent speaker who has written or co-written numerous articles and books in the areas of competition law and international trade.

Mr. Justice Gascon received his Bachelor of Laws from the Université de Montréal in 1988. He also has a Bachelor of Science as well as a Diplôme d'études approfondies in economics.

Mr. Justice Paul S. Crampton

Appointed March 19, 2010 to March 18, 2015
Appointed April 30,2015 to April 29,2022

Paul S. Crampton was appointed to the Competition Tribunal on March 19, 2010 and to the Federal Court on November 26, 2009. Prior to joining the Federal Court, he was a partner in the Competition Law Group at Osler, Hoskin & Harcourt LLP, Toronto, Canada from 2004 to 2009.

Between 2002 and 2004, he was Head of Outreach, in the Competition Division of the OECD. In that capacity, he was responsible for overseeing the OECD's work in the competition field with developing and transitioning countries. From 1992 to 2002, he was a partner in the Competition Law Group at Davies, Ward, Phillips and Vineberg LLP.

He is a Past Chair of The Canadian Chamber of Commerce's Task Force on Competition Law and Policy; a former member of the International Chamber of Commerce's Working Party on International Competition Law Convergence; a former member of the Pacific Economic Cooperation Council's Competition Principles Working Group; and a past Chair of committees of the Competition Law Section of the Canadian Bar Association and the Section of International Law and Practice of the American Bar Association.

He is also the author of Mergers and the Competition Act, a leading text on the merger provisions of the Competition Act, and of numerous articles published in domestic and international journals. He has spoken extensively on competition law throughout North America, the Pacific Rim countries and Europe.

Between 1987 and 1991, he held various positions within the Competition Bureau, including Special Advisor to the Commissioner of Competition (formerly the Director of Investigation and Research). In that capacity, his duties included being the principal drafter of the Bureau's 1991 Merger Enforcement Guidelines, and participating in the development of other Bureau policy statements, such as the Price Discrimination Enforcement Guidelines and the Predatory Pricing Enforcement Guidelines.

He coordinated the Competition Law course in York University's LL.M Programme in International Trade and Competition law (1997-1998), and was the principal lecturer of competition law courses at University of Ottawa Law School (1988-1990), and University of Toronto Law School (1992).

Madame Justice Jocelyne Gagné

Appointed December 21, 2016 to December 20, 2023

Justice Gagné studied economics at the University of Quebec at Montréal and in 1989, she received a Bachelor of Laws from the University of Montréal. Admitted to the Quebec Bar in 1990, she practised civil and commercial litigation for 22 years, first with the firm Desjardins Ducharme then, as of 2007, with Lavery, deBilly.

Since her appointment to the Federal Court on May 31, 2012, she has been appointed Judge of the Court Martial Appeal Court in 2013, a member of the Military Judges Inquiry Committee in 2015, and a Judicial Member of the Competition Tribunal in 2016.

 
 

Mr. Justice Robert L. Barnes

Appointed April 30, 2015 to April 30, 2021

Robert L. Barnes was appointed to the Federal Court on November 22, 2005. Prior to joining the Federal Court, Mr. Justice Barnes was a partner at Burchell Hayman Parish in Halifax, Nova Scotia.

Mr. Justice Barnes received a Bachelor of Arts (Honours) from Acadia University in 1974 and a Bachelor of Laws (LL.B.) from Dalhousie University in 1977.

Mr. Justice Barnes was appointed Queen's Counsel in 1995. He was president of the Nova Scotia Barristers' Liability Claims Fund and member of the Advisory Committee of the Canadian Lawyers Insurance Association. Between 1986 and 1995 he was also responsible for part-time courses at the Faculty of Law at Dalhousie University.

In 2005, Mr. Justice Barnes received the Nova Scotia Barristers' Society Distinguished Service Award. He is also the recipient of the Weldon Award for Unselfish Public Service Dalhousie University.

Mr. Justice Barnes was appointed as a judicial member of the Competition Tribunal on April 30, 2015 and reappointed on July 14, 2017 for a one year term.

Mr. Justice Michael L. Phelan

Appointed December 21, 2016 to December 20, 2023

The Honourable Michael L. Phelan was appointed a judge of the Federal Court on November 19, 2003. He has also been a judge of the Court Martial Appeal Court of Canada since 2004. He was a judicial member of the Competition Tribunal from 2005 to 2012 and was re-appointed for a further term on December 21, 2016.

Prior to his appointment to the Bench, Mr. Justice Phelan was a senior partner at Ogilvy Renault (now Norton Rose Fulbright Canada) in the Litigation Group and before that, a partner at Osler Hoskin & Harcourt. While at Ogilvy Renault, he was the Managing Partner of their Ottawa office as well as a member of the National Management Committee. He has appeared as counsel before the Supreme Court of Canada, the Federal Courts, various provincial superior courts and numerous federal tribunals including the Competition Tribunal. Throughout his practice, he focused on federal public law litigation and regulated industries.

Mr. Justice Phelan was the Chair of the Constitutional and Administrative Law Section of the International Bar Association and a member of its Antitrust Section, and the Chair of the National Air and Space Law Section of the Canadian Bar Association. In addition, he was a member of the editorial board of Competition Law (Federated Press), and a sessional lecturer in advanced administrative law at Carleton University. He has been a frequent guest lecturer in areas of Federal Court jurisdiction and practice.

Mr. Justice Phelan received a Bachelor of Laws from Dalhousie University in 1971 and was admitted to the Law Society of Upper Canada in 1973.

Part-Time Lay Members


Dr. Wiktor Askanas

Appointed July 14, 2017 to July 13, 2018
Appointed April 15, 2019 to April 14, 2026

Dr. Wiktor Askanas is currently a Professor with the Faculty of Business Administration at the University of New Brunswick (UNB). He joined the Faculty in 1983 and is a member of the Strategy and Marketing Area. Over the years, Dr. Askanas has served UNB in various capacities including serving as Acting Dean, Faculty of Business Administration and as a member of UNB's Board of Governors. Dr. Askanas has received numerous awards throughout his career including the Allan B. Stuart Excellence in Teaching award, the 3M Teaching Fellowship and in 2003 he received the National Post Business Educator Award. Dr. Askanas was appointed as a lay member of the Competition Tribunal on May 9, 2014 for a three year term and reappointed on July 14, 2017 for a one year term.

Dr. Askanas has been re-appointed as lay member of the Tribunal for a seven year term, effective April 15, 2019.

Dr. Donald G. McFetridge

Appointed June 21, 2012 to June 20, 2019

Donald G. McFetridge is a Professor Emeritus in the Department of Economics at Carleton University in Ottawa, Canada. He is a former Chair of the Department of Economics, former holder of the T. D. MacDonald Chair in Industrial Economics at the Competition Bureau in Ottawa and former Chair of the Economics and Law Committee of the National Competition Law Section of the Canadian Bar Association. Professor McFetridge also served as Research Coordinator on the Economics of Industrial Structure for the Royal Commission on the Economic Union and Development Prospects for Canada.

Professor McFetridge has been teaching and writing in the fields of industrial economics, regulatory economics and competition policy for over thirty-five years. His research has been published in The Canadian Bar Review, The Canadian Business Law Journal, The Antitrust Bulletin, The Journal of Law and Economics, The Journal of Industrial Economics, The Canadian Journal of Economics, The Journal of Public Economics, and The Review of Economics and Statistics as well as many other economics and business journals.

Professor McFetridge has advised the Competition Bureau, the Competition Tribunal, the Canadian Radio-television and Telecommunications Commission and numerous Canadian and International companies on such competition matters as horizontal restraints, predatory pricing, abuse of dominance, essential facilities, refusals to deal and mergers. He has been commissioned to provide research for numerous public inquiries including the Competition Policy Review Panel.

Professor McFetridge has appeared as an expert witness before the Competition Tribunal on two occasions, before the Supreme Court of Nova Scotia on one occasion and before the Canadian International Trade Tribunal on two occasions. He also served as a member of the Market Surveillance Panel of the Ontario Energy Board from 2002 to 2010.

Professor McFetridge was appointed as a lay member of the Competition Tribunal for a term of seven years, effective June 21, 2012.

Ms. Binah Nathan

Appointed April 15, 2019 to April 14, 2026

Ms. Binah Nathan has worked in the financial services industry for over 20 years and has a high level of expertise in the areas of finance and mergers and acquisitions. Previous places of employment include BMO Capital Markets and The Bank of Nova Scotia. Ms. Nathan is a Chartered Financial Analyst (CFA) and holds an MBA from the University of Windsor and an Honours BSc in Biochemistry from McMaster University. She has also completed the Director’s Education Program offered through the Institute of Corporate Directors (ICD) in partnership with University of Toronto’s Rotman School of Management. Ms. Nathan has received numerous awards throughout her career including the Return to Bay Street Award by Women in Capital Markets, the Gold Award by the Canadian Securities Institute and the Governor General’s Scholarship by McMaster University. Currently, Ms. Nathan is a member of the board and serves on the Finance and Audit Committee of Pro-Demnity Insurance Company.

Ms. Nathan has been appointed as a lay member of the Competition Tribunal on April 15, 2019 for a term of seven years.

Dr. Stephen Law

Appointed April 15, 2019 to April 14, 2026

Stephen Law received his PhD in Economics from the University of Toronto in 1997. He has held faculty positions at the University of New Brunswick and Ryerson University and is currently Professor of Economics at Mount Allison University where he teaches courses in Industrial Organization, Law & Economics, International Trade, and Health Economics. He has published research papers in journals such as the Canadian Journal of Economics, Applied Economics, and the Review of Industrial Organization on a wide range of topics including regulatory economics; intellectual property rights and competition policy; pharmacist behavior; pharmaceutical formularies; real options analysis in the rail industry; nutrient price indexes and food taxation; and the economics of the telecommunications and re-broadcasting sector. His research interests are in applied microeconomics, particularly the study of regulatory policy.

Dr. Law has been appointed as a lay member of the Competition Tribunal on April 15, 2019 for a term of seven years.

Dr. Ted Horbulyk

Appointed April 15, 2019 to April 14, 2026

Ted Horbulyk is an associate professor emeritus of economics at the University of Calgary, where his teaching and research contributions have spanned more than 25 years. He holds a doctorate in economics from Queen’s University, Kingston, with specialization in public finance and industrial organization. He was a co-editor of the Canadian Journal of Agricultural Economics, and he has held visiting appointments at universities in Australia, El Salvador, Norway, and elsewhere in Canada. Dr. Horbulyk has served as Chair of the Board of Trustees of the Universities Academic Pension Plan in Alberta, and has served in advisory and consulting roles to governments in Canada and abroad. Until 2018, Dr. Horbulyk led the research group in economics at the International Water Management Institute (IWMI) in Sri Lanka. He currently serves as a part-time consultant to IWMI and other clients on issues of economic development and policy.

Dr. Horbulyk was appointed as a lay member of the Competition Tribunal for a term of seven years, effective April 15, 2019.

Ms. Ramaz Samrout

Appointed June 2, 2019 to June 1, 2026

Ms. Ramaz Samrout has over 19 years of experience, in both the public and private sectors, in applying regulatory economic methods, policies and analysis.

She has a high level of expertise in applied regulatory and micro-economics, cost and profitability, pricing methods in competitive and non-competitive services, and supply chain optimization. Ms. Samrout is currently the managing partner of the consulting firm REIM Strategies. In her previous employment as the Director of Regulatory Economics at the Canadian Pacific Railway Company, she managed the financial impact on costs and profitability, and all the regulatory requirements under the Canadian Transportation Act, regulations, and government policies. She has received awards for influencing change in the Federal Government’s regulations and policies in the Canadian railway sector.

Ms. Samrout received her BA in Economics from Dalhousie University and her MA in Economics from Carleton University.

Ms. Samrout has been appointed as a lay member of the Competition Tribunal on June 2, 2019 for a term of seven years.

Lay Members Responsibilities

  • As a panel member, undertakes the review of submissions and reports, participates in hearings before the Tribunal (listens to evidence and argument, examines fact and expert testimony, questions and clarifies argument of legal counsel and experts);
  • Participates in panel deliberations, analyses evidence and arguments, and determines matters under Part VIII of the Competition Act using independent, impartial judgment based on evidence;
  • Drafts Tribunal decisions with other panel members, ensuring that proper economic, business, commercial and financial analysis is reflected in decisions;
  • Complies with the Code of Conduct, Conflict of Interest and Post-Employment Code for Public Office Holders in the conduct quasi-judicial hearings;
  • Develops and maintains professional knowledge of relevant business/economic theory, research, national and international trends and related jurisprudence;
  • Remains current on professional knowledge of relevant theory, research, national and international trends and related jurisprudence;
  • Attends the Tribunal’s members meeting and professional conferences, reads Tribunal decisions as they are distributed, adheres to the Tribunal’s rules, and avoids conflict of interest.

Pre-Requisites for Part-Time Lay Members

Education and Experience

  • Post graduate degree at the Doctorate or Masters level in business, commerce or finance, or hold a professional designation such as Chartered Accountant; or
  • Post graduate degree at the Doctorate or Masters level in Industrial Economics, for economist positions; and
  • Advanced private or public sector or academic experience directly related to business, commerce, finance, accounting or industrial organization economics; and
  • Experience in reviewing and analysing jurisprudence, legal and economic arguments, industry studies and expert testimony and in applying expert evidence to determine the merits of cases in the context of competition law.

Knowledge, Skills and Abilities

  • Current knowledge of: the Canadian economy and marketplace; the Canadian business/economic competitive environment; global economic environment and trends; the history, content, intent and jurisprudence related to the Competition Act; national and international trade agreements, practices and other relevant tribunal decisions;
  • Highly developed analytical skills to: analyse voluminous, lengthy, complex economic and legal material; examine and assess facts and legal arguments pertaining to complex business conduct and competition law; and apply legislation, jurisprudence and precedents to deal with new situations or cases;
  • Excellent oral communication skills to: formulate questions to counsel and witnesses that probe the validity of argument or evidence; and determine the merits of applications with other panel members who have diverse professional backgrounds;
  • Excellent writing skills are required to participate in the drafting of reasons for panel decisions and/or for dissenting opinion.

Language

  • French or English
  • Proficiency in both official languages is an asset.

Personal Attributes

  • High ethical standards and integrity;
  • Sound judgment;
  • Superior interpersonal skills;
  • Respect, fairness and impartiality; and
  • Tact and discretion

Conditions of Employment

  • Willingness to commit to be available to participate as a Tribunal member, on an “as required” basis, throughout the appointment term;
  • Willing to travel across Canada;
  • Flexible to travel for extended periods of time; and
  • Willing and capable of adapting to uncertain or changeable schedule, often without much notice.

Current and Former Judicial Members

Current and Former Judicial Members
Current Members
Member Appointment Date Expiry Date
Justice Denis Gascon April 30, 2015 as Member
April 30, 2015 as Chairperson
April 29, 2022
April 29, 2022
Chief Justice Paul S. Crampton March 19, 2010
Re-appointed on April 30, 2015
March 18, 2015 – term expired
April 29, 2022
Associate Chief Justice Jocelyne Gagné December 21, 2016 December 20, 2023
Justice Robert L. Barnes April 30, 2015 April 29, 2021
Justice Michael L. Phelan June 24, 2005
Re-appointed on December 21, 2016
June 23, 2012 – term expired
December 20, 2023
Former Members
Member Appointment Date Expiry Date
Justice Donald J. Rennie May 3, 2012 as Member
May 31, 2012 as Chairperson
February 27, 2015 – to F.C.A.
Justice Sandra J. Simpson June 10, 1993 as Member
Re-appointed as Member on June 10, 2000
June 18, 2003 as Chairperson
Re-appointed as Member on June 10, 2007
Re-appointed as Chairperson on June 10, 2007
June 9, 2014 as Member – term expired
June 9, 2012 as Chairperson – term expired
Justice André F.J. Scott September 29, 2011 January 31, 2014 – to F.C.A.
Justice Edmond P. Blanchard October 29, 2002
Re-appointed on November 26, 2009
November 25, 2012 – term expired
October 28, 2009 – term expired
Justice Johanne Gauthier November 26, 2009 October 21, 2011 – to F.C.A.
Justice Robert M. Mainville November 26, 2009 June 18, 2010 – to F.C.A.
Justice Eleanor R. Dawson February 26, 2002
Re-appointed on June 19, 2009
December 28, 2009 – to F.C.A.
February 25, 2009 – term expired
Justice François Lemieux February 26, 2002 February 25, 2009 – retired
Justice Pierre Blais October 29, 2002 February 20, 2008 – to F.C.A.
Justice William P. McKeown April 1, 1993 as Chairperson
Re-appointed as Chairperson on March 28, 2000
September 1, 2002 – retired
Justice Marc Nadon December 16, 1998 December 14, 2001 – to F.C.A.
Justice Allan Lutfy June 8, 1999 September 19, 2001 – to C. J.
Justice Marshall E. Rothstein May 28, 1993 January 22, 1999 – to F.C.A.
Justice Marc Noël May 28, 1993 June 25, 1998 – to F.C.A.
Justice Barry L. Strayer June 30, 1986 April 23, 1993 – resigned
Justice Max M. Teitelbaum June 30, 1986 April 15, 1993 – resigned
Justice Barbara Reed June 30, 1986 as Chairperson October 19, 1992 – resigned
Justice Leonard Martin June 30, 1986 October 24, 1991 – resigned

Current and Former Lay Members

Current and Former Judicial Members
Current Members
Member Appointment Date Expiry Date
McFetridge, Dr. Donald G. June 21, 2012
Re-appointed on June 21, 2019
June 20, 2019 – term expired
June 20, 2026
Samrout, Ramaz June 2, 2019 June 1, 2026
Askanas, Dr. Wiktor February 9, 2007
Re-appointed on May 9, 2014
Re-appointed on July 14, 2017
Re-appointed on April 15, 2019
February 8, 2014 – term expired
May 8, 2017 – term expired
July 13, 2018 – term expired
April 14, 2026
Nathan, Binah April 15, 2019 April 14, 2026
Law, Dr. Stephen April 15, 2019 April 14, 2026
Horbulyk, Dr. Ted April 15, 2019 April 14, 2026
Former Members
Member Appointment Date Expiry Date
Schwartz, L.P. September 14, 1998
Re-appointed February 5, 2015
December 31, 2018 – resigned
September 13, 2003 – term expired
Montgomery, K.C. November 5, 2009 November 4, 2016 – term expired
Luongo, E.R. August 4, 2009 August 3, 2016 – term expired
Goluch, R.Z. August 4, 2009 August 3, 2016 – term expired
Tannis, R.G. August 4, 2009 August 3, 2016 – term expired
Lanctôt, H. March 5, 2007 March 4, 2013 – term expired
Gervais, P. A. April 30, 2007 April 29, 2009 – term expired
Riedle, L. July 16, 2002
Re-appointed on September 29, 2005
September 28, 2008 – term expired
Jones, F.D July 16, 2002 July 15, 2007 – term expired
Csorgo, L1 December 20, 2004 June 21, 2007 – resigned
Bolton, L.R. October 1, 1996
Re-appointed on October 1, 2001
September 30, 2006 – term expired
Gervason, P. January 24, 2003 January 23, 2006 – term expired
Solursh, G. May 16, 2000
Re-appointed on May 16, 2002
May 15, 2004 – term expired
Reny, A.L May 16, 2000
Re-appointed on May 16, 2002
May 15, 2004 – term expired
Roy, V. June 20, 2000 June 19, 2002 – term expired
Lloyd, C. June 13, 1995
Re-appointed on June 13, 2000
January 6, 2002 – resigned
Côté, A. March 11, 1993 March 10, 2000 – term expired
Mathieu, G. May 21, 1992 May 20, 1997 – term expired
Smith, L.J. May 21, 1992 May 20, 1997 – term expired
Roseman, Dr. F. August 4, 1986
Re-appointed on November 12, 1986
Re-appointed on February 13, 1987
Re-appointed on May 12, 1987
Re-appointed on May 12, 1994
May 11, 1997 – term expired
Clarke, V.L. January 31, 1990 January 30, 1995 – term expired
Sarrazin, M.-H. September 28, 1987 September 27, 1992 – term expired
Trebilcock, M. September 28, 1987 January 6, 1989 – resigned

1 Full-time economist.