• Albert Peterson v. Regional Water Manager

    Decision Date:


    File Numbers:
    Decision Numbers:
    Third Party:
    Alpex Development Corp. Ltd., Third Party


    Decision Date: September 11, 1997

    Panel: Judith Lee

    Keywords: Water Act – s.40(7); stay

    Mr. Albert Petersen requested a stay of a Regional Water Manager’s decision pending an appeal of the decision. The Manager’s decision authorized the construction of a dam and water control works. Mr. Petersen’s reasons for a stay were that a number of unresolved issues existed, such as the protection of drinking water downstream, creek channels, his log bridge and fish and wildlife habitat. He was also concerned about potential contamination of Mill Bay’s aquifer and inadequate data and design information for the water works.

    The Board found that although serious issues existed, there was no evidence indicating that the concerns for the aquifer, natural features, property or water rights would be realised if a stay was not granted. The Board held that the presence of unresolved issues did not constitute irreparable harm. The Board determined that the balance of convenience did not favour granting a stay since there was no evidence demonstrating that Mr. Petersen or the public interest in the environment would suffer irreparable harm if the stay was denied. The Board also noted that the permitted activity was substantially completed and the stay would therefore have little or no affect. The Board denied the stay application.