First affidavits, Blue Box funding arbitration
For those interested in the Blue Box funding arbitration, which will decide how much stewards (brand owners) must pay of the annual net $228 million cost under the Waste Diversion Act, here are the affidavits of the witnesses who have already completed their testimony on behalf of the munici…
View the post titled First affidavits, Blue Box funding arbitrationBlue Box arbitration amended Claim
For those following the fascinating public/ private culture clash that is the Blue Box funding arbitration under the Waste Diversion Act, here is the Amended Municipal Claim. You will see that paragraphs 70 and 71 have been amended, to plead that the Cost Containment Plan was never a legally…
View the post titled Blue Box arbitration amended ClaimWaste Diversion Ontario and Stewardship Ontario to arbitrate
Waste diversion in Ontario is spawning an unusual amount of litigation this year. Waste Diversion Ontario (WDO), the delegated administrative authority which oversees several waste diversion programs under the Waste Diversion Act, is sending its breach of contract dispute with Stewardship On…
View the post titled Waste Diversion Ontario and Stewardship Ontario to arbitrateGood news: clarity to come on single use battery “recycling” in Ontario
What should count as battery “recycling”? Is it good enough to melt single use batteries into nickel mill slag, which is put in roadbeds as “aggregate”? Or should we insist on up-cycling end of life batteries, i.e. carefully separating and reusing each of the hazardous components…
View the post titled Good news: clarity to come on single use battery “recycling” in OntarioBlue Box arbitration: Third procedural victory for municipalities
Retired justice Robert Armstrong has given a third procedural victory to municipalities in the hotly disputed Blue Box funding arbitration. The Blue Box arbitration will now proceed, as scheduled, as a single hearing, instead of being broken up into parts, as stewards proposed: Bifurcation D…
View the post titled Blue Box arbitration: Third procedural victory for municipalitiesBlue Box funding arbitration pleadings
As promised yesterday, here are the Ontario Blue Box funding arbitration pleadings, that is, the position and opening explanation of each side. The arbitration will decide how much stewards (brand owners) must pay to municipalities for the cost of running Blue Box programs in 2014, under th…
View the post titled Blue Box funding arbitration pleadingsBlue Box arbitration update
Intense work is underway preparing for the highly anticipated Blue Box arbitration. The arbitration will decide the multi-million dollar amount that stewards must pay to municipalities for the 2014 Stewards’ Obligation under s. 25(5) of the Waste Diversion Act, 2002. This is the first …
View the post titled Blue Box arbitration updateWaste Diversion, monopolies and competition on packaging waste
The Recycling Council of Ontario’s annual meeting February 4 began with an electrifying presentation on the huge cost savings that resulted from the German anti-trust bureau breaking up its stewardship organization’s monopoly on processing packaging waste (the majority of our blu…
View the post titled Waste Diversion, monopolies and competition on packaging wasteWaste Diversion groups can sit uncomfortably with the Competition Act
The industry funding organizations used to provide, or to fund, waste diversion can have anti-competitive effects. There is a natural tendency for large companies with market power to use that power to design waste diversion programs and organizations in their own interest and to create obst…
View the post titled Waste Diversion groups can sit uncomfortably with the Competition ActShould roadbed slag count as battery recycling?
Waste Diversion Ontario is considering a proposal by Call2Recycle Canada to take over battery recycling from Ontario’s existing Consolidated Municipal Hazardous Solid Waste (CMHSW) diversion program under the Waste Diversion Act, 2002. Ontario’s battery recyclers (including our client)…
View the post titled Should roadbed slag count as battery recycling?Receive Blog Posts
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