The Appellants company owns an abandoned mine. Liquid mercury was found to be leaking into an adjacent stream called Erie Creek. The Appellant was ordered to undertake a two phase environmental assessment on their property to determine the degree of mercury pollution. The order was appealed to the Board with an application that the order be stayed pending the decision of the Board. In determining whether to grant the stay application, the Board considered the balance of convenience and whether there would be irreparable harm to the Appellants if the stay was not granted.
The Board refused the stay application. The Board concluded that the expected expenditure of $20 000 to complete the assessment did not represent irreparable financial harm to the Appellants and that the balance of convenience favoured the protection of the environment.