The Appellants, Mr. Fleischer and Mr. Goggins, filed separate appeals against a Waste Permit issued to MacMillan Bloedel Ltd. (the Permit Holder) authorizing the discharge of mill residuals to certain lands in Powell River, B.C., for beneficial reuse. In addition, Mr. Goggins applied for an interim stay of the Permit pending the outcome of the appeal.
In this case the Board found that there was a serious issue to be tried. However, Mr. Goggins did not provide any information to indicate there would be irreparable harm to himself or to the environment if the stay of the operation of the Permit was not granted. Given this finding, the Board did not deal with the issue of balance of convenience. Mr. Goggins request for a stay was denied.