January 22, 2015

Supreme Court allows blocked merger in landfill case

Scott Rollwagen was quoted in the Canadian Lawyer in regards to the Supreme Court of Canada ruling in Tervita Corp. v. Canada (Commissioner of Competition).

"The Supreme Court of Canada has concluded that the acquisition of a hazardous waste site in northeastern British Columbia should be permitted to go ahead, overruling previous decisions by the Federal Court of Appeal and the Competition Tribunal...

...This part of the decision shows the Supreme Court "is not making a religion out of deference," to tribunals said Scott Rollwagen, a lawyer and the research partner at Lenczner Slaght Royce Smith Griffin LLP in Toronto.

Rollwagen noted it is somewhat ironic that less deference is shown to one of the most specialized and technical tribunals in the country, as a result of the statutory wording on the right of appeal..."