Decision Date: April 20, 2000

Panel: Toby Vigod

Keywords: Waste Management Act – s.48; stay application

This was a stay application in an appeal against a decision of the Assistant Regional Waste Manager to issue a pollution abatement order to The Straw Farm Limited (the “Applicant”) to deal with air contaminants being released from its mushroom composting operation located in Abbotsford, B.C. The Applicant appealed the decision and applied for a stay of the order.

The Board applied the usual RJR-MacDonald test for stay applications, and found that serious issues were raised by the appeal, including issues of procedural fairness and the proper interpretation of the terms “air contaminant” and “pollution” as used in the Waste Management Act. The Board found that the Applicant would suffer irreparable harm, if the stay were not granted, including financial harm and potential loss of market share and clients. The Board also found that the balance of convenience favoured the granting of a stay.

The Board ordered a stay of the order pending a decision on the merits of appeal, with the condition that the Applicant take prescribed measures to limit odours released from its composting operation.