Decision Date: September 24, 2002

Panel: Alan Andison

Keywords: Waste Management Act – ss. 27.1, 48; stay application; cost recovery; remediation order

South Pacific Development, Ltd. (“South Pacific”) applied for a stay of the remediation order, as it pertains to South Pacific, issued by the Regional Manager against both South Pacific and Imperial Oil Ltd. (“Imperial Oil”). Both South Pacific and Imperial Oil had appealed the remediation order.
All other parties to the appeal opposed the stay application, except no submissions on the application were received from Seabright Holdings Ltd. No. 158 and 159.

The Board found that South Pacific failed to establish that it would suffer irreparable harm should the stay be denied. In particular, the Board found there was no evidence that South Pacific faced potentially unrecoverable financial losses. In fact, the Board found that under section 27.1 of the Waste Management Act, South Pacific could recover its portion of the remediation costs from the other parties should its appeal be successful. In addition, there was no evidence that South Pacific would be put out of business if the stay was denied.

The Board found that there were some environmental concerns that should be remediated promptly. The Board also noted that South Pacific did not dispute its status as a previous owner and operator of the site. Therefore, because South Pacific failed to establish irreparable harm and there was some environmental urgency to carrying out the remediation, the balance of convenience favoured denying the stay.

The application for a stay was denied.