Request for Stay of Licences – Stay Denied
On December 16, 2016, the AER issued two decisions denying separate requests from John Winchester and Wayne Greene, requesting the AER stay certain licences issued to Petrus Resources Corp. (“Petrus”).
In Mr. Winchester’s request, he submitted that the proposed surface location for two well licences was too close to existing residences. He requested that the AER order the locations be moved a mile north, and that pending the appeal request, the licences issued to Petrus be stayed.
Mr. Green requested a stay on similar grounds, also submitting that the licenced wells should be moved a mile north.
AER Decision Denying Stay
With reference to the RJR MacDonald Test described above, the AER denied the requested stays on the grounds that neither Mr. Green nor Mr. Winchester had shown they would suffer irreparable harm.
The AER held that it was not enough for a stay applicant to allege potential harm. Rather, for a stay to be granted, one must show irreparable harm will result. The AER held that neither applicant had provided sufficient evidence to demonstrate the connection between the well and the harm they might suffer, not to mention whether such harm would be irreparable.
