Decision Date: October 3, 2003

Panel: Alan Andison

Keywords: Waste Management Act, s. 48; stay application; reasonably incurred costs

The Applicants requested a stay of an Implementation Order issued by the Regional Manager approving a draft remediation plan (the “Plan”) for a contaminated site, and requiring implementation of the Plan.

The issue in this application was whether the Board should grant a stay of the Implementation Order pending a decision on the merits of the appeals.

The Board held that there were serious issues to be tried. However, the Board found that none of the Applicants demonstrated that they would suffer irreparable harm if a stay was not granted. The Board noted that a stay is an extraordinary remedy, and that the Applicants have recourse to other means of changing the Plan. The Board further found that, on a balance of convenience, the environmental risks from a delay in implementation of the Plan, if a stay was granted, outweighed the financial risks to the Applicants if a stay was denied.

The application for a stay was denied.