Decision Date: June 9, 2005

Panel: Alan Andison

Keywords:  stay application; RJR-MacDonald

Barry Anthony Barnes applied for a stay of the Deputy Director’s decision to cancel Mr. Barnes’ hunting licence for fifteen years, pending a decision by the Board on the merits of the appeal.

The Board applied the three-part test for stay applications and found that the issues to be decided in the appeal were serious, and met the first part of the test.  With regard to the second part of the test, the Board found that Mr. Barnes did not establish that he would suffer irreparable harm as a result of being unable to hunt and train his dogs until the appeal is decided, if the stay were denied.  On the third part, the Board found that the balance of convenience did not favour granting a stay.

The application for a stay was denied.