Drainage appeal adjourned to defer to Referee's jurisdiction over related negligence claims.
The appellants appealed to the Ontario Drainage Tribunal regarding the 8th Concession East Drain.
The Tribunal noted that the appeal involved allegations of negligence and substandard work related to a 1991 repair, which were also the subject of a motion before the Referee.
To avoid duplicate proceedings and potentially conflicting decisions, the Tribunal adjourned the hearing and deferred to the Referee's jurisdiction to determine the necessity of the work, cost allocation, and liability.
8th Concession East Drain (Re), 1998 ONAFRAAT 35