Rocha v Director, Ministry of the Environment—ERT Refuses Mortgagee’s Stay Pending Appeal
By Marc McAree, Partner and Certified Environmental Law Specialist, with the assistance of Giselle Davidian, Student-at-Law. © Willms & Shier Environmental Lawyers LLP December 22, 2014 On September 23, 2014, the Ontario Environmental Review Tribunal (ERT) released its interlocutory decision in Rocha v Director, Ministry of the Environment. The ERT refused to issue a stay pending appeal of a Director’s Order issued to a mortgagee and advisor under section 157.3(5) of the Environmental Protection Act (EPA). The ERT found that it did not have jurisdiction to grant a stay of the work items set out in the Director’s Order. The ERT decided that even if it had jurisdiction to stay any of the work items, it would not exercise its discretion to do so. Mr. Rocha failed to demonstrate that it would suffer irreparable harm. The ERT held that the balance of convenience did not warrant a stay. Most interesting was the ERT’s finding that “where groundwater contamination is present and s