2017 QCCQ 11871, 2017 QCCQ 11871

R. et Dragan 2017 QCCQ 11871 CANADA COUR DU QUEBEC PROVINCE OF QUEBEC (chambre criminelle et pénale) DISTRICT OF MONTREAL _______________________________ COURT FILE # 500-73-002379-051 500-73-002380-059 HER MAJESTY THE QUEEN DATE: September 27, 2017 and JOHN DRAGAN Accused PROHIBITION ORDER UPON THE APPLICATION made by the Director of Public Prosecutions, on behalf of the Attorney General of Canada, for an order of prohibition pursuant to subsection 34(1) of the Competition Act , RSC 1985, c C-34, as amended, [“ Act ”]; AND UPON hearing the submissions of counsel to the applicant and counsel to the respondent, and considering the evidence heard and filed in support of this application; AND UPON taking notice that John Dragan was convicted of offences under

section 52 of the Act ; AND UPON taking notice that

section 52 of the Act creates an offence under

Part VI of the Act ; AND UPON being satisfied that the conditions for making an order for prohibition pursuant to subsection 34(1) of the Act have been met; AND IN ADDITION to any other penalty imposed by this Honourable Court upon John Dragan in relation to the offences under

section 52 of the Act of which he was convicted; THIS COURT SPECIFICALLY PROHIBITS JOHN DRAGAN : 1 . The continuation or repetition of the offences under

section 52 of the Act of which he was convicted, or the doing of any act or thing that is directed toward the continuation or repetition of the offences under

section 52 of the Act of which he was convicted; and 2 . From trading goods, directly or indirectly, in such a way that the specific good sold is not seen by the consumer before the purchase

and is not handed over hand to hand (in all cases, there should be no shipping). ‘’Directly or indirectly’’ includes, among others, selling personally, or for someone else, or via a corporate name or from a company wholly or partly owned by him, or by his wife, or law partner, or while he holds the position of president, director, officer, shareholder, chairman, or any position that allows him to manage, supervise, direct or provide guidance. AND THIS COURT ORDERS JOHN DRAGAN : 3 .

Report to the Commissioner of Competition, his occupation (ie, business and/or employment, including contact information), in affidavit form, once a year for a period of five years, commencing either immediately or once released from any penalty of incarceration that may be imposed in relation to offences under

section 52 of the Act of which he was convicted, by providing that affidavit in writing to the Competition Bureau, Deceptive Marketing Practices Branch, Place du Portage, 50 Victoria Street, Phase I, Gatineau, Québec K1A 0C9. The Competition Bureau will keep all information provided pursuant to this paragraph confidential, except to monitor compliance with, and the enforcement of, this prohibition order or the Act , or as required by court order. AND THIS COURT FURTHER ORDERS that t his Order shall be in force for a period of five (5) years from its date of issuance. ____________________________________________ The Honourable Dominique B. Joly, j.c.q.