This was a request by Cadillac Fairview Corporation for a stay of the Order of the Deputy Comptroller of Water Rights which required the Appellant and the City of Cranbrook to engage the services of a professional engineer to carry out an assessment of the hydraulic capacity of the existing works on Joseph Creek. The Appellant requested the stay, arguing that there was no urgency in the matter as the works had been in place for over 23 years without any problems being experienced. In addition, he wanted time to pursue a resolution of the matter.
The Deputy Comptroller had no objections to the issuance of the stay and no response was received from any of the Third Parties. Thus, the Board concluded it was not necessary to address the usual test for a stay. Additionally, the Board was satisfied that the issuance of the stay would not result in any imminent harm to the environment as the works in question had been in place for over 23 years without creating a flood situation. The Board granted the request for a stay.
