Société pour vaincre la pollution Inc. v. Canada ( Minister of the Environment )
T-1738-95
Richard J.
22/8/95
3 pp.
Recovery of Irving Whale and its oil cargo from bottom of St. Lawrence and removal of PCB material from barge's oil cargo heating system -- Application, based on Federal Court Act, s. 18.2, to stay Minister's decision of July 25, 1995 to lift Irving Whale, pending final disposition of application for judicial review -- Three-stage test mandated by S.C.C. in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110 applied -- (1) Obviously, serious issue to be tried -- (2) Any substantial release of PCBs could have serious environmental consequences and could result in irreparable harm -- (3) As to balance of convenience: no appreciable PCB leaks at present and ship's hull likely to remain intact for in excess of 20 years -- Application for interim stay granted until application for judicial review determined or until further initial assessment made pursuant to EARP Guidelines Order -- Time limits for rapid hearing of case imposed -- Federal Court Act, R.S.C., 1985, c. F-10, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5) -- Environmental Assessment and Review Process Guidelines Order, SOR/84-467.