The Federal Court of Appeal recently granted a stay to the application by Canadian Waste Services Inc. (CWS) to rescind an October 2001 order by the Competition Bureau requiring the divestiture of the Ridge Landfill.
CWS had alleged that the circumstances that led to the divestiture order for the Chatham, Ontario landfill had changed. The Competition Bureau opposed this application on the basis that the allegations from CWS related to facts that were pre-existing and known to the company at the time of the original hearing and therefore it would not be appropriate to consider them as “changed circumstances” under the Competition Act.
According to a report from Environment Business Chronicle 2004, the hearing of the appeal in Canadian Waste Services, Inc. v. Canada (Commissioner of Competition) is scheduled for November 4, 2004.
The Ridge Landfill is one of the most important landfill assets in the country, located on the much-traveled commercial corridor between Windsor/Detroit and Ontario cities to the east. The facility receives about 90 per cent of its waste accepted from industrial, commercial and institutional (IC&I) sources and the remaining 10 per cent is municipal waste residue from Essex, Kent, Lambton, Middlesex and Elgin Counties.
For further information about the Ridge Landfill, see the article “The Ridge” in the December/January 2004 edition of Solid Waste & Recycling magazine.