CT-9710 I THE COMPETITION TRIBUNAL IN THE MATTER OF an Application by the Director of Investigation and Research and Canadian Waste Services Inc. under Sections 104 and 105 of the Competition Act, R.S.C. 1985 c. C-34 as amended;
AND IN THE MATTER OF the proposed acquisition by C _ an _ a _ d _ ia _ n _ W _ , a .. s .. t . e .. .-;-r----·--------Services Inc.of the totality of shares of certain corporatio solid waste management and related businesses that ar p R Waste Holdings (Canada) Ltd. 0 MAR 5 t997 ·~ ~ I I
•:GtSTRAI - REGl~IRAl«I Between: ~-·· OTTAWA, ONJ. THE DIRECTOR OF INVESTIGATION AND RESEARCH
- and -CANADIAN WASTE SERVICES INC.
NOTICE OF APPLICATION FOR A CONSENT INTERIM ORDER TAKE NOTICE THAT: 1. Pursuant to sections 104 and 105 of the Competition Act (the "Act"), the Applicant, the Director of Investigation and Research (the "Director") will make an Application, on consent of the Respondent, to the Competition Tribunal (the "Tribunal") for:
APPLICANT RESPONDENT
-2-(a) An Interim Order under section 104 of the Competition Act in the form of the Draft Consent Interim Order attached hereto as Schedule "A"; and,
(b) Such further or other Order as the Applicant and the Respondent, on consent, may advise and the Tribunal considers appropriate.
AND TAKE NOTICE THAT: 2. In support of this Application, the Director will rely upon the Application by the Director for a Consent Order pursuant to sections 92 and 105 of the Act filed herein, the affidavit of Lourdes Dacosta filed, the Draft Consent Interim Order attached hereto as Schedule "B", the Applicant's Memorandum of Argument on Interim Relief, the Consent of the Parties to this Application, and such other material as may be filed or counsel may advise.
3. The name and address of the person against whom a consent order is sought is listed below.
4. The Applicant and Respondent request that this Application be heard in the English language.
5. The Applicant and Respondent request, in accordance with Rule 72 of the Competition Tribunal Rules and Rule 6 of the Federal Court Rules, that the service requirements of the Competition Tribunal Rules be dispensed with and the 48 hour time limit for service provided for in Rule 24(1) of the Competition Tribunal Rules be abridged.
-3-6. The Applicant and Respondent agree that no oral evidence will be given at the hearing of this Application and that the evidence will be limited to the testimony by affidavit attached hereto.
DATED at Hull, Quebec this 5th day of March, 1997.
Konrad von Finckenstein Director of Investigation and Research Place du Portage, Phase I 50 Victoria Street, 21st Floor Hull, Quebec K1A OC9 Telephone: (819) 997-3301 Facsimile: (819) 953-5013
ADDRESS FOR SERVICE OF THE APPLICANT: D. Martin Low QC Department of Justice Counsel to the Director of Investigation and Research Place du Portage, Phase I 50 Victoria Street, 22nd Floor Hull, Quebec K1A OC9
TO: The Registrar of the Competition Tribunal 90 Sparks Street, Suite 600 Ottawa, Ontario K1P 584
AND TO: Canadian Waste Services Inc. One Connie Street North York, Ontario M6C 2H8
ADDRESS FOR SERVICE OF THE RESPONDENTS: Blake Cassels & Graydon Barristers & Solicitors Box25 Commerce Court West Toronto, Ontario M5L 1A9
Attention: Mark Nicholson Counsel for the Respondents