Demonstrating Irreparable Harm On An Application To Stay A Cost Recovery Certificate Under The Environmental Management Act

Decision Nos. 2014-EMA-007(a) and 2014-EMA-008(a)

Executive Flight Centre Fuel Services Ltd. and Danny La Sante v.
Director, Environmental Management Act

Before: Environmental Appeal Board

Decision Date: February 17, 2015

Miller Thomson was successful in arguing before the Environmental Appeal Board (the "Board") to stay a cost recovery certificate for approximately $130,000 in enforcement proceedings pending conclusion of the appeals on the merits of the certificate.

Introduction

Executive Flight Centre Fuel Services Ltd. (the "Company") and Mr. La Sante filed separate appeals of a cost recovery certificate (the "Certificate") issued by the Director, Environmental Management Act (the "Director"), Ministry of Environment. The Certificate stated that the Company and Mr. La Sante were jointly and separately liable for the government's "reasonable costs" of approximately $130,000 incurred in responding to a spill of hazardous substances into Lemon Creek