Jennifer Volpato

The appellant nursing home brought a motion for a stay of a Director's Order requiring it to pump and dispose of sewage off-site due to a malfunctioning septic system.

The appellant argued that the costs of compliance would cause irreparable financial harm, potentially leading to closure.

The Tribunal dismissed the motion, finding that the appellant failed to prove irreparable harm, as the short-term costs were not shown to be fatal to the business.

Furthermore, the balance of convenience favoured the Director's precautionary approach to protect water resources.