What is the test for a stop work order?

In this context, the defendants have satisfied the three-part test for an injunction, at least to allow the Minister to make a decision one way or the other. If necessary, I will grant standing to the defendants as public interest litigants for this purpose: see Finlay v. Canada (Minister of Finance), 1986 CanLII 6 (SCC), [1986] 2 S.C.R. 607. There is obviously a serious question to be tried, at least by the Minister, as to whether a stop work order should be issued. If the injunction is not granted, the work is commenced, and habitat is destroyed, the harm will be irreparable. I am persuaded that the balance of convenience favours an injunction of short duration.