On September 7, 1995, the Appellants requested the Board to stay Pollution Abatement and Prevention Orders against property which they formerly owned, pending the outcome of their appeal to the Board.
The Board granted stays to the Appellant and the Third Party. In coming to this decision the Board considered the test of irreparable harm and the balance of convenience. The Board concluded that the Deputy Director had not proved that granting the stays would result in irreparable harm to the environment. Further, the Board concluded that the balance of convenience in these instances favoured granting the stays to the Appellant and third party.