• British Columbia Hydro and Power Authority v. Regional Waste Manager

    Decision Date:
    File Numbers:
    Decision Numbers:
    2003-WAS-006(b) 2003-WAS-018(a)
    Third Party:
    Imperial Oil Limited; BC Rail Ltd.; City of Quesnel; Shell Products Canada Limited, Third Parties


    Decision Date: September 24, 2003

    Panel: Alan Andison

    Keywords: stay application; reconsideration

    The Appellant requested a reconsideration of the decision to deny a stay of a Remediation Order (the “Order”) and, accordingly, a stay of all other obligations under subsequent orders as they apply to the Appellant.

    The issue in this appeal was whether the Board should grant a stay of the Order as it pertains to BC Hydro in light of a recent British Columbia Court of Appeal (the “BCCA”) decision.

    The Appellant argued that the Panel should change its previous stay decision on the Order on the grounds that the BCCA recently overturned the legal basis for naming the Appellant as a responsible person based on the actions of its predecessor corporations.  The evidence before the Panel did not support a finding that the specific facts in the BCCA decision were the same as the facts supporting the naming of the Appellant to the Order in this case.  The Panel found that the BCCA decision only applies to the particular facts in that case.  The Panel further held that there has been no material change to the facts underlying the Panel’s previous decision on this matter.

    The application for a stay was denied.