Date: 20030416
Docket: A-644-01
A-45-02
Neutral citation: 2003 FCA 190
CORAM: STONE J.A.
BETWEEN:
CANADIAN WASTE SERVICES HOLDINGS, INC., CANADIAN
WASTE SERVICES INC., AND WASTE MANAGEMENT, INC.
Appellants
and
COMMISSIONER OF COMPETITION
Respondent
Heard at Ottawa, Ontario, on April 16, 2003.
Order delivered from the bench at Ottawa, Ontario, on April 16, 2003.
REASONS FOR ORDER BY: STONE J.A.
Date: 20030416
Docket: A-644-01
A-45-02
Neutral citation: 2003 FCA 190
CORAM: STONE J.A.
BETWEEN:
CANADIAN WASTE SERVICES HOLDINGS, INC., CANADIAN
WASTE SERVICES INC., AND WASTE MANAGEMENT, INC.
Appellants
and
COMMISSIONER OF COMPETITION
Respondent
REASONS FOR ORDER OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on April 16, 2003)
[1] The material before the Court in the within motion shows that the appellants intend to seek leave to the Supreme Court of Canada from this Court's judgment dated March 12, 2003 dismissing appeals from two orders of the Competition Tribunal dated March 28, 2001 and October 3, 2001, respectively. The object of the appeals was to overturn those orders, the first of which determined that the appellants' ownership of a waste land fill facility in southwestern Ontario resulted in a substantial lessening or prevention of competition and the second that the facility be divested in accordance with its terms.
[2] The appellants now seek a stay of the judgment and of the order of October 3, 2003 pursuant to subsection 65.1(2) of the Supreme Court Act.
[3] We have not been persuaded that the appellants have satisfied the three-part test for the granting of a stay laid down by the Supreme Court of Canada in RJR-MacDonald v. Canada (Attorney General), [1994] 1 S.C.R. 311. Accordingly, the motion will be dismissed with costs.
"A.J. STONE"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-644-01 and A-45-02
STYLE OF CAUSE: Canadian Waste Services Holdings Inc., Canadian Waste
Services and Waste Management Inc.
v.
Commissioner of Competition
and
Corporation of the Municipality of Chatham-Kent
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: April 16, 2003
REASONS FOR
ORDER OF THE COURT: Stone, Noël, Sexton JJ.A.
RENDERED FROM
THE BENCH BY: Stone, J.A.
APPEARANCES BY :
Mr. David W. Scott, Q.C. for Appellants
Mr. Nicholas P. McHaffie for the Appellants
Mr. Donald B. Houston for the Respondent
Ms. Josée S. Gravelle
SOLICITORS ON THE RECORD:
Borden Ladner Gervais LLP for the Appellants
Ottawa, Ontario
Stikeman Elliott for the Appellants
Toronto and Ottawa, Ontario
Kelly Affleck Greene for the Respondent
Toronto, Ontario
Mr. Morris Rosenberg for the Respondent
Deputy Attorney General of Canada
Ottawa, Ontario
Wilms & Shier for the Intervener
Toronto, Ontario