Background: 2145448 Alberta Ltd (214) owns the Evansburg Bottle Depot, holding its operating permit. Mohamed Rafat is the sole director and shareholder. BCMB canceled the depot’s permit, alleging acceptance of out-of-province beverage containers and claiming unlawful refunds and commissions.

Investigation: Initiated in 2020 based on a confidential informant’s tip. Evidence suggested the depot accepted non-registered, compacted containers transported into Alberta, violating regulations.

Hearing Outcome: BCMB Hearing Panel found 214 violated regulations, resulting in permit cancellation.

Applicants’ Request: Sought a stay of the permit cancellation pending judicial review, arguing procedural unfairness, erroneous evidence weighing, and excessive sanction severity.

Legal Test for Stay: The court assessed if there was a serious question to be tried, potential irreparable harm if the stay wasn’t granted, and balance of convenience favoring the stay.

Decision: Justice Friesen denied the stay application, finding:

• No breach of procedural fairness as the confidential informant’s testimony was not critical.
• The Panel’s evidence assessment and findings were reasonable.
• The sanction severity was justified due to violations and lack of oversight by Mohamed Rafat.

Outcome: Stay application denied. The court did not reinstate the permit or remove BCMB decisions from its website, emphasizing the importance of recycling system integrity and public interest.

The judgment did not specify an amount ordered for costs.