Motion for stay of environmental order dismissed due to lack of evidence of irreparable harm.
The appellants sought a stay of a Director's Order requiring them to cease burning waste materials, remove waste from their farm property, and install groundwater monitoring wells.
The Tribunal found that while it was not precluded by statute from granting a stay, the appellants failed to meet the three-part test for interlocutory relief under RJR-MacDonald.
Specifically, the appellants provided no evidence of irreparable harm that would result from complying with the order.
The motion for a stay was dismissed.
OLTOntario Land TribunalMar 29, 2023
