Welcome to the web page of Waste Management of Canada Corporation and its Canadian affiliates (collectively, “WM”), that discusses the dispute resolution and arbitration terms of our Commercial Service Agreement ("Agreement"). As set forth in our Agreement, we have agreed that, except for those claims expressly excluded in our Agreement (EXCLUDED CLAIMS), ALL existing or future disputes or claims between us arising out of or relating to our Agreement or any prior agreement between us, whether in contract, statute or equity, or any other legal theory, or arising before, in connection with, or after the termination of our Agreement or any prior agreement, shall be resolved by binding arbitration. (We may also agree to arbitrate excluded claims).
For ease of reference, the following language is relevant to the Agreement:
DISPUTE RESOLUTION-ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BINDING ARBITRATION: Except for those claims expressly excluded below (EXCLUDED CLAIMS), Customer and Company agree that any and all existing or future controversy or claim between them arising out of or related to this Agreement or any prior agreements between the parties, whether based in contract, law or equity or alleging any other legal theory, or arising prior to, in connection with, or after the termination of this Agreement or any other agreements, shall be resolved by mandatory binding arbitration (see our affiliate site at www.wm.com for details on arbitration procedures).
CLASS ACTION WAIVER: Customer and Company agree that under no circumstances, whether in arbitration or otherwise, may Customer bring any claim against Company, or allow any claim that Customer may have against Company to be asserted, as part of a class action, on a consolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of Company.
EXCLUDED CLAIMS: The following are not subject to mandatory binding arbitration: (a) either party’s claims against the other in connection with bodily injury or real property damage and for environmental indemnification; and (b) Company’s claims against Customer for collection or payment of Charges, damages (liquidated or otherwise) or any other amounts due or payable to Company by Customer under this Agreement or any prior agreements between the parties, but Customer and Company may mutually agree to arbitrate any Excluded Claims.
General information
The material below provides information and describes the details of the agreed upon arbitration process. WM is committed to controlling costs so that we can continue to provide you with the best overall value in waste management services. Dispute avoidance and/or streamlined dispute resolution through arbitration will assist in this regard. For this and other reasons, including our efforts to amicably resolve any dispute with you, our customer, we have incorporated into our Agreement the binding arbitration process set forth below. Before proceeding to arbitration, WM hopes that any concerns can be resolved on an informal basis by local management or your sales representative. WM is also willing to explore with you mediation, which is another alternative dispute resolution process in which a third party (a mediator) would help us jointly resolve our dispute. However, since no binding decision is made in mediation, we must each consider the pros and cons of this alternative process. Nothing that is said in mediation can later be used in the arbitration process, if the dispute is not resolved in mediation.
If we are unable to resolve an issue to your satisfaction, we have agreed to the binding arbitration process below to resolve any remaining disputes subject to arbitration under our Agreement. Arbitration is an alternative dispute resolution process where a neutral third party (an arbitrator) provides a fair hearing and decides a dispute. An arbitrator may decide based solely on documents submitted by the parties, may award the same relief as a court, and must honour the terms of our Agreement. Arbitration does not have a judge or jury - it is an alternative to litigation in court. The arbitration process may result in limited discovery and may be subject to limited court review. Arbitration is generally faster and less formal than litigation. A lawyer is not required, but legal representation is an option for everyone. Of course, this process could save both parties time and money. If either party decides that they want a hearing, including by telephone, the arbitrator will provide the same.
How does either party begin the arbitration process?
The party requesting arbitration under this arbitration provision must first provide written notice to the other party (at the address and in the manner set forth in our Agreement), which shall include a brief statement of the dispute, including the relief sought, and shall be delivered at least thirty (30) days prior to the commencement of the arbitration. If we are unable to resolve the dispute within thirty (30) days of receipt of the notice, then either party may file a request for arbitration. The party initiating the arbitration will open a file with ICDR Canada (International Centre for Dispute Resolution in Canada).
Dispute resolution and arbitration process
The parties shall jointly appoint a single arbitrator with at least ten (10) years of active experience in the field of commercial contracts. The expenses and fees of the arbitrator shall be shared equally by the parties. If the parties cannot agree on the appointment of a sole arbitrator, it is agreed that the matter shall be referred to ICDR Canada for the appointment of an arbitrator meeting the requirements set out above. The procedures for the appointment and conduct of the arbitration shall be in accordance with ICDR Canada's Canadian Dispute Resolution Procedures, except as otherwise provided herein. As indicated, for further information on the arbitration process or ICDR Canada, please visit the ICDR Canada website at https://www.icdr.org/icdrcanada.
We agree that by signing our Agreement, we waive any right to a jury trial, except as may apply to Excluded Claims as defined in our Agreement.
All disputes (other than Excluded Claims) relating to the scope, application, interpretation, enforceability, alleged breach and appropriate relief for such breach, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable, are at the discretion of the arbitrator. The arbitration statute of the province or territory where the arbitration is to be conducted shall govern the arbitration and arbitrability of our disputes. In the event of a conflict between this arbitration provision and the rules of ICDR Canada, this arbitration provision shall prevail.
The arbitrator may grant relief in favour of only the party seeking relief and only to the extent necessary to provide relief justified by that party's individual claim. Neither party shall have the right to join or consolidate claims in arbitration by or against the other party, other individuals, or entities, or to arbitrate a claim as a representative member of a class.
For claims of $10,000 or less, the party bringing the claim may elect to have the arbitration conducted in such a way that the arbitrator relies solely on the documents submitted by the parties, or it may elect to have the arbitration proceed through an in-person or telephone hearing. The parties may also agree to proceed without a hearing for amounts over $10,000. If an in-person hearing is held, the arbitration will take place at a location near the area where you receive our services, unless otherwise agreed. The arbitrator will honour claims of privilege recognized by law and will take reasonable steps to protect the client's account information and any other confidential or proprietary information.
The arbitration award. The arbitrator shall render any decision in writing, but to reduce the time and expense of arbitration, the arbitrator shall not provide a statement of reasons for the decision unless requested by both parties. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction. An arbitration award and any judgment confirming it shall apply only to that case; it may not be used in any other case except to enforce the arbitration award itself.
Change of arbitration service provider. If ICDR Canada cannot enforce this arbitration clause as written, or if ICDR Canada no longer exists, it cannot serve as the arbitration organization to resolve our dispute. If this situation arises, the parties will agree on a replacement Canadian arbitration organization. If the parties are unable to agree, either party may apply to a court of competent jurisdiction for the appointment of a Canadian arbitration organization, or in lieu thereof, an arbitrator, who will enforce the arbitration provision as written. If there is a conflict between this arbitration provision and the rest of the terms of our Agreement, this arbitration provision shall prevail. We also agree that WM may amend this arbitration provision from time to time to substitute a Canadian arbitration service provider where WM has determined in good faith that such arbitration service provider can provide the parties with equivalent arbitration services at a lower cost.
Miscellaneous provisions
Notices to each party will be deemed to have been given when delivered in accordance with our Agreement. This arbitration provision shall survive the termination of our Agreement. If any provision of this arbitration provision is found to be illegal or unenforceable, such provision shall be severed from this arbitration provision, and the remainder of this arbitration provision shall be binding. If the class action waiver clause is found to be illegal or unenforceable, the entire arbitration provision shall be unenforceable, and the dispute shall be decided by a Canadian court of competent jurisdiction. If this entire arbitration provision is found to be illegal or unenforceable for any reason, or if a claim (other than an Excluded Claim as defined in our Agreement) is brought in a dispute that is determined by a court to be excluded from this arbitration provision, we have agreed to waive, to the fullest extent permitted by law, any jury trial.