Decision Date: July 31, 2002

Panel: Alan Andison

Keywords: stay; reconsideration

The Third Parties applied for a reconsideration of the stay order previously issued by the Board (see Appeal No. 2001-WIL-016(b), October 5, 2001).

The Board considered whether there was any new information that would change the Board’s previous decision to grant the stay. The Board found that based on the new information provided by the Third Parties and the Regional Manager, the Appellants would still be irreparably harmed if the stay was not in place.

However, the Board found that the harm faced by two of the Third Parties, should the stay remain in place, was greater than the harm faced by the Appellants, should the stay be removed. Therefore, the balance of convenience favoured removing the stay.

Accordingly, the Third Parties’ application to set aside the stay was granted.