This case was heard in the Federal Court of Canada.

In 2009, the federal Minister of Industry approved the construction and operation of a broadband wireless internet tower to be located in Kings County, Nova Scotia. After the construction of the tower was completed, but before the tower became operational, Mr. LeVine, a resident of King’s County, applied for judicial review of the Minister’s decision and also brought a motion for a stay, requesting that the Court prevent the tower from becoming operational until the outcome of the judicial review was decided.

In order to grant a stay, a Court must be satisfied that the applicant “will suffer irreparable harm if the relief sought is not granted.” The applicant bears burden of proving on a balance of probabilities that irreparable harm will come about.

Mr. LeVine operated an organic garlic farm in King’s County, and he argued that the wireless tower would affect his farm adversely by radiating his crops and creating stigma concerning the quality of his product. After considering the evidence put before it, the Court held that Mr. LeVine had not proven on a balance of probabilities that he would suffer irreparable harm if the tower became operational. The Court therefore dismissed his motion for a stay.

View the Decision on CanLII: https://www.canlii.org/en/ca/fct/doc/2009/2009fc1297/2009fc1297.html

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