Decision Date: February 13, 2003

Panel: Alan Andison

Keywords: Waste Management Act – ss. 48; RJR-MacDonald; stay application; site investigation order

Spike Investments Ltd. (“Spike”) applied for a stay of the site investigation order (the “Order”), issued by the Assistant Regional Waste Manager (the “Assistant Manager”).  The Order required Spike to submit all existing site investigation information and to complete a detailed site investigation for a property contaminated by gasoline.

While the Board found that serious issues had been raised, it concluded that Spike had not introduced sufficient evidence to back the assertion that irreparable financial harm would result if a stay was not granted.  In particular, Spike was unable to show that the financial loss from complying with the Order could not be cured through the collection of damages or recovery under section 27(4) of the Waste Management Act.  On the question of the balance of convenience, the Board found that, if a stay were granted, the risk of irreparable harm to the environment and public interest exceeded the risk of financial harm to Spike if the stay were not granted.

The application for a stay was denied.