Miller Thomson lawyers win victory for Waste Diversion Ontario

January 18, 2013 | Paul E. Brace, Alexandra L. White

Miller Thomson client, Waste
Diversion Ontario, has won a major victory in the Divisional Court.  Miller Thomson lawyers Andrew Roman,
with support from Paul Brace, Alexandra White, Sylvain Rouleau
and Steven Lewis, had an Application for Judicial Review brought against
the client quashed without the Court hearing the Application on the merits on
January 8, 2013,

Justice Aston delivered the oral
judgment of the panel of three judges. He held that the Court was exercising
its discretion not to hear the Applicant’s argument because the Court had been
convinced that it had no jurisdiction to make the orders sought. It described
the orders sought as “vague, convoluted unenforceable” – which was exactly the
language in the factum. Much of the Court’s language in its oral reasons was
taken directly from the oral and written argument.