Tribunal dismisses application from Canadian Waste Services Holdings to change divestiture assets
On October 3, 2001, the Competition Tribunal issued an order requiring Canadian Waste Services Holdings (“CWS”) to divest a landfill. In 2004, CWS applied to the Tribunal to set aside the divestiture order from 2001 and replace it with an order requiring the divestiture of a different landfill site on the basis that circumstances which led to making the original divestiture order had changed. The Tribunal dismissed the application on the grounds that CWS could not raise revised expectations about timing as changes of circumstances when it determined that such facts could reasonably have been known by CWS at the time of the hearing in 2001.
