Undisputed Facts. 152. The Parties agree that, under s. 5 of the CEAA, industrial activity that affects rivers and oceans which are habitat for fish and marine life generally comes under federal legislative authority; put differently, and more specifically, the federal legislation sets out that a EA is required where the responsible federal authority concludes that a project poses a risk of destruction of fish, disruption of fish habitat, or a danger to marine life owing to work in navigable waters.94 These three potentialities are referred to as “triggers” for a federal EA. Industrial activity on land generally comes under provincial authority; there, a provincial authority may also conclude there is a need for an EA.95 153. Between August 2002 and March 2003, GQP went through three rounds of filing project descriptions with NSDEL that would be used for an EA of the intended project.96 The final, accepted description included project infrastructure that consisted of a 152 ha quarry and a 170 m long marine terminal.97
Undisputed Facts. 220. On 22 October 2007, the JRP submitted its report to the federal Minister of the Environment and the Nova Scotia Minister of Environment and Labour, recommending rejection of the proposal.236 Between 29 October and 16 November 2007, Bilcon requested in writing that the government of Nova Scotia dismiss the JRP’s recommendations. 237 Nevertheless, on 20 November 2007, Nova Scotia adopted the JRP’s recommendations to reject the Whites Point project.238 The next month, the Canadian Government also accepted the JRP’s recommendation and announced its decision not to issue the permits and authorizations that Bilcon had requested in connection with the Whites Point project.239
Undisputed Facts. 120. On 6 February 2002, Xxxx Xxxxx applied to the Canadian Coast Guard under s. 5 of the Navigable Waters Protection Act (“NWPA”) for a permit to build a “floating loading dock” in Nova Scotia at Whites Point in Digby Neck.35 121. On 18 February 2002, Nova Stone applied to the NSDEL for a permit to construct and operate a quarry on the Whites Point project site. The NSDEL rejected this application on 15 April 2002 as it concluded that the proposed quarry exceeded 4 ha, the maximum size permitted through the 35 Memorial, para. 103; Application Form by Nova Stone Exporters Inc., 6 February 2002, Exhibit C-35. basic NSDEL approval process.36 Any quarry greater than 4 ha requires an EA before it can proceed in Nova Scotia.37 122. On 23 April 2002, Nova Stone submitted a new application for a permit to build a quarry at the Whites Point project site that was limited to 3.9 ha.38 The NSDEL issued this permit on 30 April 2002. The approval was made subject to certain blasting conditions added at the DFO’s request (the “Blasting Conditions”).
Undisputed Facts. The Equipment Provider (EP) sent the Motor Carrier (MC) the following two per diem invoices: Invoice NYC9080565250X – Invoice Date: 6/2/2008 – amount $00.00 (Moving Party disputing $00.00 of invoice) Invoice NYC9080775624X – Invoice Date: 8/1/2008 – amount $00.00 (Moving Party disputing $00.00 of invoice) (Note: Only Invoice NYC9080775624X is applicable to this arbitration claim. Invoice NYC908056250X is dated prior to August 1, 2008 so is not acceptable for submission under the binding arbitration process.)
Undisputed Facts. The Motor Carrier (MC) invoiced the Equipment Provider (EP) for reimbursement of a floor repair that was made to container MCSU719320-6 while the unit was in the MC’s possession.
Undisputed Facts. The following facts are undisputed.4
Undisputed Facts. 183. The federal Minister of the Environment and the provincial Minister of the NSDEL released a draft JRP Agreement and the JRP’s Terms of Reference (“TOR”) for public comment on 11 August 2003. The final JRP Agreement and associated TOR were signed on 29 October and 3 November 2004 respectively.
Undisputed Facts. 3. During the first six months of 2004, while engaged in the practice of his profession as a pharmacist at Heights Pharmacy in Needham, Massachusetts, Respondent:
(1) engaged in the unauthorized personal use of controlled substances (Roxicet, Vicodin, Xanax, Depo-Testosterone and OxyContin) (Exhibit 4A); and
(2) was indicted on (5) counts of stealing a controlled substance from persons authorized to dispense or possess in violation of G.L., c. 94C ("Chapter 94C"), § 37. (Exhibit 2B)
4. On December 7, 2004, Respondent entered into a treatment contract with the Massachusetts Professional Recovery System ("MPRS"), the Board's substance abuse rehabilitation program. (Exhibit 4A).
5. On March 4, 2005, the Board and Respondent entered into the Consent Agreement, which provides as follows, in pertinent part:
1: The parties enter into this Consent Agreement in order to resolve disputed matters arising out of the complaint pending against Registrant (hereinafter "Respondent") before the Board as Docket No. PH-05-025 ("Complaint").
2: Respondent agrees that this Agreement has been entered into as a result of his unauthorized personal use of the controlled substances: Roxicet, Vicodin, Xanax, Depo-Testesterone and OxyContin, on diverse [sic] dates during 2004, while employed at Heights Pharmacy (Permit No. 10398) 000 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx, 00000.
Undisputed Facts. CPC is a new resident marketing company. It compiles a list of moving families monthly in order to prepare direct marketing for its clients to these households, essentially renting or “selling” its list. The list is used to provide its clientele in the direct mail industry with mailing and computer services. Its president is Xxxx Xxxxx. Acxiom integrates different types of data about people from various sources to create consumer profiles about them that are tailored to its customers’ needs. It gathers and buys lists of data to integrate into the profiles it sells. Xxxxxx Xxxxxx is an employee of Acxiom. Xxxxxx Xxxx. at 8-12; Xxxxx Xxxx. at 12-14. Gnames does both list management and list brokerage work; Xxxxxx Xxxxx is one of its co-presidents. As a broker, it sells the compiled lists created by list sellers to list buyers for a commission. As a manager, it is a middle man between a list seller and the list brokers, coordinating the brokers’ activities. Xxxxxx Xxxx. at 48-49; Xxxxx Xxxx. at 24, 26-28; Xxxxx Xxxx. at 7, 10, 12, 17-18. Gnames acted as CPC’s list manager from 1992 to 1998 under a written contract. Gnames was paid by commission as CPC’s list manager; it received payments due CPC for list rental, took about 10 percent of every payment, and gave the rest of the money to CPC. While Gnames was CPC’s list manager in early 1997, Xx. Xxxxx introduced Xx. Xxxxx to Xx. Xxxxxx; the parties discussed how CPC’s list might be used to update a particular file Acxiom had, but no agreement was reached. CPC terminated Gnames as its list manager on May 31, 1998. Xxxxx Xxxx. at 21-23, 28-30, 79-81, 96-98; Xxxxx Xxxx. at 40-41, 120-21. Sometime during or after June 1998, Xx. Xxxxx arranged a meeting among Xx. Xxxxx, Xx. Xxxxxx, and himself. The meeting lasted about 30 minutes. The parties discussed the possibility of CPC licensed its list to Acxiom; such a license would grant the unlimited use of a list for a specified amount of money rather than the typical list rental where a customer pays CPC per use. CPC had not licensed the use of its list before. Xxxxx Xxxx. at 79-80, 93-94, 108-13; Xxxxx Xxxx. at 88-90. After June 1998, Xx. Xxxxx set up another conference among himself, Xx. Xxxxx and Xx. Xxxxxx. During this conference, Xx. Xxxxx spoke of his concerns about how the licensing agreement with Acxiom might conflict with CPC’s contractual obligations to the sources of its data. The parties also discussed pricing for the first time. Xxxxx Xxxx. at 113-14; Xxxxx ...
Undisputed Facts. In March, 1996, US XXXX and XXX entered into a Stipulation and Agreement for Interim Interconnection until such time as a definitive agreement could be entered into by the parties.
