Lewis (C.H.) (Lucan) Ltd. v. Director of Environmental Approvals and Project Engineering for the Ontario Minister of the Environment, Nippa, Wells, Taylor and Environmental Appeal Board (Ont.), (1984) 4 O.A.C. 144 (DC)

• Judge: Southey, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: July 16, 1984
• Jurisdiction: Ontario
• Citations: (1984), 4 O.A.C. 144 (DC)

Lewis Ltd. v. Env. Approvals Director (1984), 4 O.A.C. 144 (DC)

MLB headnote and full text

C.H. Lewis (Lucan) Limited v. Director of Environmental Approvals and Project Engineering for the Ontario Ministry of the Environment, Nippa, Nippa, Wells, Taylor and Environmental Appeal Board

Indexed As: Lewis (C.H.) (Lucan) Ltd. v. Director of Environmental Approvals and Project Engineering for the Ontario Minister of the Environment, Nippa, Wells, Taylor and Environmental Appeal Board (Ont.)

Ontario Divisional Court

Southey, J.

July 16, 1984.

Summary:

The Environmental Appeal Board added three additional conditions to a provisional certificate of approval issued to the operator of a waste disposal site. The operator of the waste disposal site appealed and obtained a stay of the Board's order. Two of the people affected by the operations of the waste disposal site applied for an order removing the stay. The Ontario Divisional Court dismissed the application in the main, but removed the stay respecting one of the conditions, which was merely an order that the operator comply with the law.

Administrative Law - Topic 6286

Judicial review - Statutory appeals - Practice - Stay of proceedings - Pending appeal - Withdrawal of - The Ontario Divisional Court held that it had jurisdiction to remove a stay of proceedings pending appeal respecting an order of the Environmental Appeal Board, but refused to do so, where the balance of convenience did not favour removal of the stay.

Statutes Noticed:

Environmental Protection Act, R.S.O. 1980, c. 141, sect. 122(b) [para. 4].

Statutory Powers Procedure Act, R.S.O. 1980, c. 484. sect. 25 [para. 4].

Counsel:

S.R. Garrod, for C.H. Lewis;

S.L. Shrybman, for the respondents, Mr. and Mrs. Nippa;

J.R. Tidball, for the Director of Environmental Approvals and Project Engineering, for the Ontario Ministry of the Environment.

This case was heard on June 25 and 26, 1984, before Southey, J., of the Ontario Divisional Court who delivered the following judgment orally on July 16, 1984: