ARTICLE
27 March 2014

Ontario Blue Box Funding Arbitration Is Public

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Siskinds LLP

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Since 1937, Siskinds has been that firm of specialists serving individuals, families and businesses in southwestern Ontario and Canada from our offices in London, Sarnia and Quebec City. We’ve grown as the world around us has evolved. Today, we are a team of over 230 lawyers and support staff covering personal, business, personal injury and class action law and over 25 specialized practice areas.
Arbitrator Robert Armstrong has ruled that the Ontario Blue Box funding arbitration between municipalities and Stewardship Ontario is to be held in public.
Canada Litigation, Mediation & Arbitration

Arbitrator Robert Armstrong has ruled that the Ontario Blue Box funding arbitration between municipalities and Stewardship Ontario is to be held in public:

"This arbitration concerns a significant environmental protection program for the province of Ontario. It also concerns a potentially significant amount of taxpayer money. Every municipality with a population in excess of 5,000 persons is required to have a blue box program. The program in issue here involves over 200 cities, towns and other municipalities in the province...... What is not funded by SO will be paid from the public purse....

This is not a typical commercial arbitration dispute carried out pursuant to the Arbitration Act. The crux of the dispute concerns a government program, and the outcome may have significant consequences for Ontario taxpayers. Further, this is not a case where a governmental entity was acting in a private capacity by entering into a commercial contract. The City of Toronto and the members of the AMO are governmental entities engaged in a public program in respect of the protection of the environment....

As I see it, an open and transparent hearing process in this case will serve the public interest and will not detract from the parties' ability to achieve a fair and just result. Issues concerning confidentiality can be appropriately addressed as they arise."

For a copy of the decision, click here.Blue Box Arbitration — Public-Private Decision — March 24. (Please note that the numbers given in paragraph 49 are the proposed Stewards' Obligation, not the net costs.)

We will post the pleadings shortly.

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