Law360 Canada ( June 15, 2026, 12:35 PM EDT) -- Appeal by appellants from decision dismissing their motion to set aside an ex parte order. The Commissioner of Competition (Commissioner) initiated an inquiry into alleged deceptive marketing by Rogers Communications Inc. concerning its Infinite wireless plans. As part of that inquiry, the Commissioner obtained an order compelling Dig Insights Inc. (Dig) to produce documents. The Commissioner commenced proceedings before the Competition Tribunal (Tribunal). The Commissioner obtained a second order compelling the appellants, current and former Dig employees, to attend for oral examination. The appellants moved to set aside the order, arguing that once the Tribunal proceeding had been commenced, the inquiry was spent and the Commissioner no longer had authority to rely on s. 11 of the Competition Act (s. 11). They also argued that s. 11 could not be used to obtain evidence once discovery rules under the Competition Tribunal Rules were engaged, that reliance on prior authorities was misplaced, that the Federal Court judge improperly treated the motion as a backdoor appeal, and that compelling testimony risked unfair prejudice. The Federal Court dismissed the motion, finding the inquiry was ongoing and that the appellants failed to establish a prima facie case. On appeal, the appellants challenged both the procedural ruling on the availability of rule 399 of the Federal Court Rules (Rules) and the substantive conclusion that the Commissioner’s s. 11 powers continued after commencement of Tribunal proceedings. A preliminary issue arose as to mootness....