Decision Date: May 19, 1998

Panel: Toby Vigod

Keywords: stay

Interior Pest Control (“IPC”), appealed the decision of the Deputy Administrator to suspend IPC’s Service Licence. The suspension was for three weeks and reinstatement of the licence was conditional upon satisfactory completion of several conditions prior to the end of that three-week period. Mr. Jaenicke requested a stay of the suspension until a decision on his appeal.

The Board found that there was a serious issue to be tried and that some irreparable financial harm would occur to IPC if the stay was not granted as the company would be unable to apply pesticide for 20 days during its busy season. The Board noted the concerns of the Respondent that past practices of IPC, if continued, could affect the environment. However, the Board found that these concerns were highly speculative and could be addressed through the licence conditions. Therefore, the balance of convenience favoured granting a stay, pending the Board’s decision on the merits of the appeal. Thus, the Board granted the stay and ordered that the licence be in effect, subject to the licence conditions, pending a decision on the appeal.