Competition Tribunal Tribunal de la Concurrence Reference: Canadian Waste Services Holdings v. Commissioner of Competition, 2003 Comp. Trib. 21 File no.: CT2003005 Registry document no.: 0035
IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER of an application by Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management, Inc. under section 106 of the Competition Act;
AND IN THE MATTER of the acquisition by Canadian Waste Services Inc. of the Ridge Landfill in Blenheim, Ontario, from Browning-Ferris Industries Ltd.
B E T W E E N: Canadian Waste Services Holdings Inc. Canadian Waste Services Inc. Waste Management, Inc. (applicants)
and The Commissioner of Competition (respondent)
and The Corporation of the Municipality of Chatham-Kent (intervenor)
Date of hearing: 20031020 Member: Simpson J. (Chairperson) Date of Order: 20031020 Order signed by: Madam Justice Sandra J. Simpson
ORDER REGARDING DEFINITION OF THE GORE ROAD LANDFILL
[1] FURTHER to the application by Canadian Waste Services Holding Inc., Canadian Waste Services Inc. and Waste Management Inc. under section 106 of the Competition Act;
[2] AND FURTHER to an order of the Tribunal dated July 29, 2003 granting the corporation of the Municipality of Chatham-Kent leave to intervene;
[3] AND FURTHER to the Notice of Motion filed on October 10, 2003, the affidavit of William J. Day, the affidavit of Edward P. Dries, and the memorandum of Fact and Law of the intervenor;
[4] AND FURTHER to the consent of the parties given at the hearing on October 20, 2003; THE TRIBUNAL ORDERS THAT: [5] For the purposes of any order of the Tribunal, the Gore Road Landfill (also known as the Blenheim Landfill Site) shall be defined as โthe Gore Landfill together with all associated business, shares and assets, including the agreement respecting landfill compensation entered into between the Township of Harwich and Gore Sanitation Service Ltd. dated March 9, 1988, a copy of which is attached hereto.โ
DATED at Ottawa this 20 th day of October, 2003. (s) Sandra J. Simpson
APPEARANCES For the applicants: Canadian Waste Services Holdings Inc. Canadian Waste Services Inc. Waste Management Inc.
Shawn C.D. Neylan Nicholas P. McHaffie Vicky Eatrides
For the respondent: The Commissioner of Competition Andre Brantz Donald B. Houston W. Michael G. Osborne Michelle Siu
For the intervenor: The Corporation of the Municipality of Chatham-Kent Carolyn Shaw