THE COMPETITION TRIBUNAL CT-2006-009 IN THE MATTER OF an application by the Director of Investigation and Research under section 79 of the Competition Act, R.S.C. 1985, c.C-34, as amended;
AND IN THE MATTER OF certain practices by Laidlaw Waste Systems Ltd. in the communities of Cowichan Valley Regional District, Nanaimo Regional District and the District of Campbell River, British Columbia;
AND IN THE MATTER OF the order made by the Competition Tribunal on February 11, 1992;
AND IN THE MATTER OF an application by Waste Management of Canada Corporation under section 106(1 )(a) of the Competition Act, R.S.C. 1985, c.C-34, as amended, to rescind on consent the order made by the Competition Tribunal on February 11, 1992.
BETWEEN: COMPETITION TRIBUNAL TRIBUNAL DE LA CONCURRENCE "' aste Management of Canada Corporation FILED I PRODUIT (formerly Laidlaw Waste Systems Ltd.) September 7, 2006 CT-2006-009 Applicant Jos LaRose for I pour REGISTRAR I REGIS1RAIRE - and -OTTAWA, ONT # 0001 The Commissioner of Competition lTorme rly the Director of Investigation and Research)
Respo11dent
NOTICE OF APPLICATION FOR AN ORDER TO RESCIND THE ORDER MADE BY THE COMPETITION TRIBUNAL ON FEBRUARY 11, 1992
- 2 -TAKE NOTICE that, pursuant to section 106(1 )(a) of the Competition Act, RS.C. 1985, c.C-34, as amended, the Applicant hereby applies for an order on consent rescinding the February 11, 1992 order of the Competition Tribunal (the "Tribunal"), on the terms set out in the attached Draft Order. 2. AND FURTHER TAKE NOTICE that the Commissioner of Comp13tition (the "Commissioner") has consented to the relief requested by the Applicant. 3. AND FURTHER TAKE NOTICE that the parties are available for a conference call, at the Tribunal's convenience, to discuss any matters related to the disposition of this application. 4. AND FURTHER TAKE NOTICE that the parties submit that no hearing is required in light of the particular facts of this case, including the fact that notice of this application was published in accordance with section 65 of the Competition Tribunal Rules and that no third parties seek to contest this application. 5. AND FURTHER TAKE NOTICE that reference may be made to the Statemi3nt of Grounds and Material Facts, the Affidavit of James T. Duncan sworn August 21, :2006, the Draft Order and Consent thereto, filed as Schedules "A", "B", "C", and "D", respectively,
- 3 and to such further material as counsel may deem appropriate and as the Tribunal may allow. DATED at Toronto, this 23rd day of August, 2006.
Yana Ermak Cassels Brock & Blackwell LLP 2100 Scotia Plaza 40 King Street West Toronto, Ontario M5H 3C2
Phone: 416.860.6513 Fax: 416.642.7168 Counsel for the Applicant TO: The Registrar of the Competition Tribunal AND TO: Bill J. Miller Senior Counsel for the Commissioner of Competition Department of Justice Legal Services Branch Place de Portage, Phase I 50 Victoria Street Gatineau, Quebec K1A OC9
Phone: 819. 953.3903 Fax: 819. 953.9267
THE COMPETITION TRIBUNAL CT-91/2
IN THE MATTER OF an application by the Director of Investigation and Research under section 79 of the Competition Act, R.S.C. 1985, c.C-34, as amended:
AND IN THE MATTER OF certain practices by Laidlaw Waste Systems Ltd. in the communities of Cowichan Valley Regional District, Nanaimo Regional District and the District of Campbell River, British Columbia;
AND IN THE MATTER OF the order made by the Competition Tribunal on February 11, 1992:
AND IN THE MATTER OF an application by Waste Management of Ca1ada Corporation under section 106(1 )(a) of the Competition Act, R.S.C. 1985, c.C-34, as amended, to vary on consent the order made by the Competition Tribunal on February 11, 1992;
BETWEEN: Waste Management of Canada Corporation (formerly Laidlaw Waste Systems Ltd.)
Applicant and The Commissioner of Competition (formerly the Director of Investigation and Research)
Respondent
NOTICE OF APPLICATION FOR AN ORDER TO RESCIND TUE ORDER MADE BY THE COMPETITION TRIBUNAL ON FEBRUARY 11, 1992
Cassels Brock & Blackwell LLP 2100 Scotia Plaza 40 King Street West Toronto, Ontario M5H 3C2
Mark J. Nicholson - Law Society No. 30801 G Phone: 416.860.6513 Fax: 416.642.7168 Chris Hersh - Law Society No. 43080N Phone: 416.869.5387 Fax: 416.640.3017 Yana Ermak - Law Society No. 47791A Phone: 416.860.2957 Fax: 416.640.3190 Counsel for the Applicant