Bob McKim

The appellant appealed an engineer's report regarding the 8th Concession East Drain under sections 48 and 54 of the Drainage Act.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted the Minutes of Settlement, which amended the assessment schedule and relocated a borrow pit, and ordered the engineer and the municipality to modify the report, tender documents, and by-law accordingly.

The appellants, organic egg producers, appealed a decision of the Ontario Egg Producers denying their request to sell 450 units of basic production quota.

The quota had been allotted to them in 1989 by a Tribunal decision on a non-transferable, non-saleable basis.

The appellants argued that, like another producer in a previous case, they had demonstrated a long-term commitment to the industry and should be allowed to sell the quota.

The Tribunal dismissed the appeal, distinguishing the previous case on the basis that the appellants had not purchased the quota when they began production, and found no sufficient reason to interfere with the Board's decision.

The Town of Lakeshore applied to the Agriculture, Food and Rural Affairs Appeal Tribunal for a modification to By-law No. 16-94 concerning the Discoverer Outlet Drain.

The modification involved realigning the drain on the Stoney Point Sportsmen's Club property, reducing construction costs, and increasing allowances for land used.

The Tribunal approved the requested amendments under Section 51 of the Drainage Act, subject to terms including notice to landowners and a 14-day appeal period.

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.