Background
Wastech Services Ltd. (Wastech) moves and disposes of waste. In
1996, Wastech and the Greater Vancouver Sewerage and Drainage
District (Metro) entered into a 20-year contract for the disposal
of waste from the Greater Vancouver Regional District (the
Contract).
Wastech agreed to remove and transport waste to three disposal
facilities. Metro was responsible for allocating where the waste
was to be disposed. The volume of waste allocated to each facility
was a critical variable in calculating Wastech s compensation.
In 2010, Metro significantly redirected the volume of waste between
the three facilities, such that it was impossible for Wastech to
achieve its target operating revenue.
Background
In an important and perhaps a much-needed move, the
Employees Provident Fund Organisation (EPFO) has launched an
electronic facility for principal employers (i.e., establishments
engaging contract labour through contractors / manpower service
providers) whereby they may be able to verify compliance by their
contractors with the Employees Provident Funds and
Miscellaneous Provisions Act, 1952 (EPF Act) vis-à-vis the
contract labour. By way of its circular dated 1 February 2021, the
EPFO has directed the regional officials to take cognizance of the
facility and conduct webinars with major establishments engaging
contract labour to ensure adequate dissemination of information
about the facility.
Towards a facilitative regime
Wastech, the Court
clarified the content of another doctrine flowing from the
organizing principle: the duty to exercise contractual discretion
in good faith.
Background
Wastech involved a waste transportation company
(Wastech) and a corporation responsible for municipal waste
disposal (Metro). In 1996, Wastech and Metro entered into a
contract for waste disposal services that contemplated disposing
waste in three landfills, one of which was much farther away than
the others. The contract stated Metro had absolute
discretion in allocating the amount of waste to go to this
farther facility.
In 2011, Metro exercised this discretion by directing less waste
to go to the farther facility, causing Wastech to receive a lower