Brandi Neil

Paul Courey

Glenn Walker

Brandi Neil

Andy McBride

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 13, 2020

Appeals of municipal drain engineer's report largely dismissed, with minor adjustments to right-of-way allowance and maintenance assessments.

Several landowners appealed the Engineer's Report for the Filsinger Municipal Drain under sections 48 and 54 of the Drainage Act.

The appellants challenged the inclusion of certain lands in the watershed, the scope and cost of the proposed drainage work, the right-of-way allowances, and the assessment calculations.

The Tribunal dismissed the section 48 appeals regarding the watershed and drainage work, finding the existing drain was in poor condition and the proposed improvements were necessary.

The Tribunal allowed one appellant's appeal in part, increasing his right-of-way allowance based on a higher land value.

The Tribunal also allowed the section 54 appeals in part, adjusting the maintenance assessments for the upstream reach of the closed drain, but otherwise upheld the engineer's assessment calculations.

Mark Goetz et al. v. Municipality of South Bruce, 2020 ONAFRAAT 1

Valerie M'Garry

Paul Courey

Glenn Walker

Brandi Neil

Andy McBride

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalDec 16, 2019

Appeals of a municipal drainage report partially allowed to increase a right-of-way allowance and adjust maintenance assessments.

Several landowners appealed the Engineer's Report for the Filsinger Municipal Drain under sections 48 and 54 of the Drainage Act.

The appellants challenged the inclusion of certain lands in the watershed, the scope and cost of the proposed drainage work, the right-of-way allowances, and the assessment calculations.

The Tribunal dismissed the section 48 appeals regarding the watershed and drainage work, finding the existing drain was in poor condition and the proposed work was necessary.

The Tribunal allowed Tyson Kraemer's section 48 appeal in part, increasing his right-of-way allowance.

The Tribunal also allowed the section 54 appeals in part, adjusting the maintenance assessments for the upstream reach of the closed drain, but otherwise accepted the Engineer's assessment calculations.

Goetz v. Municipality of South Bruce, 2019 ONAFRAAT 20

Appellant

Mark GoetzSelf-represented
2 appearances
Tyson KraemerSelf-represented
2 appearances
Patricia CoatesSelf-represented
1 appearance
Anthony MelidySelf-represented
1 appearance
Dr. David CoatesSelf-represented
1 appearance

Counsel for the Municipality

Paul CoureyCounsel
1 appearance

Drainage Clerk, Norfolk County

Krista VanPaemelAgent
1 appearance

Engineer who wrote the Report

Neal MorrisAgent
1 appearance

for himself

Jaron CottonSelf-represented
1 appearance

for Irene Meagher

Tracy HarrisAgent
1 appearance

for the added party, Chicken Farmers of Ontario

Geoffrey P. SpurrCounsel
1 appearance

for the Appellant

Alexandre FallonCounsel
1 appearance
David CookSelf-represented
1 appearance
John Van MiltenburgSelf-represented
1 appearance
John WalshSelf-represented
1 appearance
Kathryn I. HallidaySelf-represented
1 appearance
Mike TerpstraAgent
1 appearance

for the Appellants

Daphne LawSelf-represented
1 appearance
Edwin HunterSelf-represented
1 appearance
John Paul Clarence ClarkeSelf-represented
1 appearance
Milly CoulthartSelf-represented
1 appearance
Neil O’ConnellSelf-represented
1 appearance
Tanya Susan ClarkeSelf-represented
1 appearance

for the Appellants Mark Goetz, Dawn Kennedy, William Goetz and Patricia Goetz

Valerie M'GarryCounsel
2 appearances

for the Applicant

Cathy LennonAgent
1 appearance
Christopher BoucherSelf-represented
1 appearance
Frances PitkinAgent
1 appearance
Kelly AlvesAgent
1 appearance
Krista LongAgent
1 appearance
Tom TavaniAgent
1 appearance
Suzanne ArmstrongAgent
1 appearance

for the Applicants

Eric GillespieCounsel
2 appearances
Agnes BensonSelf-represented
1 appearance
Jacqueline RoccaSelf-represented
1 appearance
Kent BensonSelf-represented
1 appearance

for the City of Ottawa

Eric FlorjancicCounsel
1 appearance

for the Municipality

Kriss SnellAgent
1 appearance

for the Municipality of South Bruce

Paul CoureyCounsel
2 appearances

for the Respondent

Joel MillerAgent
2 appearances
Gillian Tuck KutarnaCounsel
1 appearance
Lizet ScottAgent
1 appearance
Paul CoureyCounsel
1 appearance
Scott RichardsonAgent
1 appearance
Trent JohnsonCounsel
1 appearance
Nicholas Van AllenCounsel
1 appearance
Andrew DowieAgent
1 appearance
Bill Van HeeswykAgent
1 appearance
G. Edward OldfieldCounsel
1 appearance

for the Respondents

Devan J. MunchCounsel
3 appearances
Rien DekkerSelf-represented
1 appearance

for the Town of Amherstburg

Paula ParkerAgent
1 appearance
Shane McVittyAgent
1 appearance

on behalf of the Corporate Appellants

Brenda TownsendSelf-represented
1 appearance
David TownsendSelf-represented
1 appearance

Decisions

Years active

Tribunals

0.3

cases/mo

OAFRAAT18(78%)

ONFPPB5(22%)

Decision types

appeal

motion

trial

costs

/Adjudicator

Brandi Neil — Vice-Chair

Brandi Neil

Vice-Chair·Agriculture, Food & Rural Affairs Appeal Tribunal·Since 2019

OAFRAAT ONFPPB

cases · 8 yrs · OAFRAAT, ONFPPB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 12Vice-Chair· 6Vice Chair· 2Vice-Chair· 2Chair· 1

Paul Courey

OAFRAATUnanimous0 cases2016–2020

Lee Holling

Ed Dries

OAFRAATUnanimous0 cases2014–2020

Brandi Neil

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalMar 1, 2020

Municipality ordered to accept drainage petition and appoint an engineer to investigate flooding issues.

The appellants appealed the municipality's decision to deny their petition for drainage works under section 4(1) of the Drainage Act.

The appellants experienced significant surface and subsurface water flow from a neighbouring property, causing damage to their foundation.

The municipality argued the issue could be resolved without a petition and raised concerns about the threshold requirements.

Anthony and Tracey Melidy v Municipality of Bradford West-Gwillimbury, 2020 ONAFRAAT 3

Valerie M'Garry

Paul Courey

Glenn Walker

Brandi Neil

Andy McBride

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 13, 2020

Appeals of municipal drain engineer's report largely dismissed, with minor adjustments to right-of-way allowance and maintenance assessments.

Several landowners appealed the Engineer's Report for the Filsinger Municipal Drain under sections 48 and 54 of the Drainage Act.

The appellants challenged the inclusion of certain lands in the watershed, the scope and cost of the proposed drainage work, the right-of-way allowances, and the assessment calculations.

The Tribunal dismissed the section 48 appeals regarding the watershed and drainage work, finding the existing drain was in poor condition and the proposed improvements were necessary.

The Tribunal allowed one appellant's appeal in part, increasing his right-of-way allowance based on a higher land value.

Mark Goetz et al. v. Municipality of South Bruce, 2020 ONAFRAAT 1

Valerie M'Garry

Paul Courey

Glenn Walker

Brandi Neil

Andy McBride