Canadian Waste Services Holdings Inc. v. Canada (Commissioner of Competition)

Canadian Waste Services Holdings Inc. v. Canada (Commissioner of Competition) Court (s) Database Federal Court of Appeal Decisions Date 2003-04-16 Neutral citation 2003 FCA 190 File numbers A-644-01 Decision Content Date: 20030416 Docket: A-644-01 A-45-02 Neutral citation: 2003 FCA 190 CORAM: STONE J.A. NOËL J.A. SEXTON 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. NOËL J.A. SEXTON 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) STONE J.A. [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