Edward Dries

Glenn Walker

Edward Dries

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalDec 12, 2014

Appeals of an Engineer's Report for municipal drain relocation dismissed as proposed works were reasonable.

Several landowners appealed an Engineer's Report under the Drainage Act concerning the relocation and improvement of the Baillie Municipal Drain.

The appellants argued that the works were unnecessary, would cause maintenance issues, and that the process was flawed.

The Tribunal dismissed the appeals, finding that the appellants had no standing to appeal on the basis of benefits not being commensurate with costs since they were not assessed for benefit.

The Tribunal also found the proposed works, including the relocation of the drain and replacement of culverts, to be reasonable and in compliance with the Act's procedural requirements.

Baillie Municipal Drain 2014 (Re), 2014 ONAFRAAT 33

Paula Lombardi

Edward Dries

OAFRAATUnanimous0 cases2005–2014

Bill Schaefer

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalDec 5, 2014

Drainage assessment appeal denied; Engineer's calculation of benefit found fair and equitable.

The appellants appealed their assessment under the Engineer's Report for the Meuller Drain 2014, arguing they were overcharged and seeking a reduction.

The Tribunal found that the Engineer's methods of calculating the assessments, including the benefit rate applied equally on a per metre basis, were reasonable, fair, and equitable.

The appellants failed to provide evidence that their property would not receive a benefit from the drain.

The appeal was denied.

Tom and Joanne Teather v. Municipality of Bayham, 2014 ONAFRAAT 32

Tim Mousseau

Glenn Walker

Edward Dries

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalDec 3, 2014

Drainage assessment appeal dismissed; engineer's use of lower runoff coefficient for wetlands upheld.

The appellants appealed their drainage assessment for the Gilbert Drain 2014, arguing that their assessment was too high and that upstream owners, particularly a wetland property, were assessed too little.

The Tribunal found that the engineer properly applied the modified Todgham method, correctly assigning a lower runoff coefficient to the wetlands compared to agricultural lands.

The Tribunal also rejected the appellants' argument regarding injuring liability, noting that the drain is a municipal drain governed by the Drainage Act, not common law.

The appeal was dismissed, and the assessments were confirmed as fair and equitable.

Gilbert Drain 2014 (Re), 2014 ONAFRAAT 31

Tim Mousseau

Jeffrey Hewitt

OAFRAAT0 cases2014–2019

Edward Dries

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalNov 10, 2014

Landowners' appeals against municipal drain repair and assessments dismissed; engineer's report and design upheld.

Several landowners appealed the Engineer's Report and the decision of the Court of Revision regarding the repair and improvement of the Centre Dingman Creek Drain Branch 'D' under the Drainage Act.

The appellants challenged the assessments levied against their properties, the design of the drainage works, and the adequacy of compensation and allowances.

The Tribunal dismissed all appeals, accepting the Engineer's evidence that the proposed works were necessary to address drainage issues in the urban community of Mossley and that the design met provincial standards.

The Tribunal found the assessment methodology to be logical, equitable, and compliant with the Act, and declined to modify the drainage works or adjust the assessments.

Centre Dingman Creek Drain Branch “D” (Re), 2014 ONAFRAAT 29

Sharon Weitzel

Paula Lombardi

Edward Dries

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalMay 20, 2014

Drainage Act appeal dismissed; engineer's benefit assessments confirmed as technically sound and reasonable.

The appellants appealed the decision of the Court of Revision confirming their assessments for the Brock Avenue Drain under the Drainage Act.

They argued their properties did not benefit from the drain and that their assessments were excessive.

The Tribunal found the engineer's methods for calculating the assessments based on lot size and runoff factors were technically sound and compliant with the Act.

The appellants failed to provide evidence that their properties would not receive a benefit from the drain.

The appeal was dismissed and the assessments were confirmed.

Gary Maxwell and Janeth Sangster v. Municipality of Bluewater, 2014 ONAFRAAT 11

affected landowner

Scott ShilsonSelf-represented
1 appearance
Christina PorroneSelf-represented
1 appearance

appearing on behalf of Mr. Mucci, affected landowner

Mr. DekkerAgent
1 appearance

Appellant

Rein MinnemaSelf-represented
3 appearances
Dale SmithSelf-represented
1 appearance
Dan DaybollSelf-represented
1 appearance
Gary MaxwellSelf-represented
1 appearance
Graham McLeanSelf-represented
1 appearance
Helen WalshSelf-represented
1 appearance
Hugh CrawfordSelf-represented
1 appearance
Janet McLeanSelf-represented
1 appearance
Jeannie GodlouskiSelf-represented
1 appearance
John FittlerSelf-represented
1 appearance
John PaardekooperSelf-represented
1 appearance
Judith WoodSelf-represented
1 appearance
Nelson NicholsonSelf-represented
1 appearance
Peter BosmaSelf-represented
1 appearance
Steven HaleSelf-represented
1 appearance
John WalshSelf-represented
1 appearance
Archibald McLeanSelf-represented
1 appearance
Conny BoydSelf-represented
1 appearance
Dale McFeetersSelf-represented
1 appearance

Appellant Representative

Donna NicholsonAgent
1 appearance

Appellants

Lynne PahlSelf-represented
1 appearance
Rainer PahlSelf-represented
1 appearance

Assisting the Appellant

John KuntzeAgent
1 appearance

CAO for the Municipality of Bluewater

McAuleyAgent
1 appearance

Counsel for the Municipality

Valerie M’GarryCounsel
1 appearance

Counsel for the Respondent City of Kawartha Lakes

Robyn CarsonCounsel
1 appearance

Counsel for the Town of Amherstburg

Paul CoureyCounsel
1 appearance

Drainage Clerk for Municipality

Elizabeth JefferyAgent
1 appearance

Drainage Superintendent for the Municipality of Dutton Dunwich

Brent ClutterbuckAgent
1 appearance

Drainage Superintendent, Norfolk County

Bill MayesAgent
1 appearance

Engineer who created the report

W. J. DietrichAgent
1 appearance

Engineer who prepared the report

J. R. SprietAgent
1 appearance

Engineer who prepared the Report

Gerard RoodAgent
1 appearance
J.M. SprietAgent
1 appearance
John M. SprietAgent
1 appearance
Neal MorrisAgent
1 appearance
Ray DobbinAgent
1 appearance

Engineer who prepared the report for the Municipality of Southwest Middlesex

Ray DobbinAgent
1 appearance

for Appellants

Analee FerreiraCounsel
1 appearance

for Cajan Farms Ltd., Assessed Landowner

John TollenaarAgent
1 appearance

for Gaetano R. Tognacca, Appellant

Jean PrescottAgent
1 appearance

for Gwen Brady

Jeff BradyAgent
1 appearance

for herself

Gwen BradySelf-represented
1 appearance

for himself

Clifford LockerSelf-represented
1 appearance
Dennis RobinsonSelf-represented
1 appearance
Marcel MeyerSelf-represented
1 appearance
Ron SmithSelf-represented
1 appearance

for Lotti Albrecht, Appellant

Felix AlbrechtAgent
1 appearance

for Municipality of Huron East, Assessed Landowner

Barry MillsAgent
1 appearance

for the Appellant

Evan BearssSelf-represented
1 appearance
Gloria M. PoulsenSelf-represented
1 appearance
Peter Van LieropSelf-represented
1 appearance

for the Appellant, Carolyn Stockwell

Paul CoureyCounsel
1 appearance

for the Appellants

Francesco StorinoSelf-represented
1 appearance
Gina StorinoSelf-represented
1 appearance
Joanne TeatherSelf-represented
1 appearance
Mark AndrewsSelf-represented
1 appearance
Tom TeatherSelf-represented
1 appearance

for the Municipality

Paul CoureyCounsel
1 appearance

for the Municipality of Southwest Middlesex

John SprietAgent
1 appearance

for the Petitioner

Roger BuurmaSelf-represented
1 appearance

for the Respondent

Dave MaidenAgent
1 appearance
Shane McVittyAgent
1 appearance

for the Respondent, the Town of Kingsville

Ed HookerCounsel
1 appearance

for the Town of Fort Erie

Dave MaidenAgent
1 appearance

for Wayne Wilbur, Appellant

Paul CoureyCounsel
1 appearance

on behalf of Ms. Janeth Sangster, Appellant

Pam SangsterAgent
1 appearance

Representative for Margaret Plyley, Judith Wood and Susan Ward

Sterling WoodAgent
1 appearance

representing H. Prey Farms Ltd., affected landowner

Helmut PreyAgent
1 appearance

representing R. J. Boiler Farms Ltd.

Bradley BlizmanSelf-represented
1 appearance
Stephanie BlizmanSelf-represented
1 appearance

representing the Estate of Arthur Knowles, affected landowner

Gwen LaskeyAgent
1 appearance

Decisions

Years active

Tribunals

0.3

cases/mo

OAFRAAT26(100%)

Decision types

appeal

trial

motion

costs

/Adjudicator

Edward Dries — Member

Edward Dries

Member·Agriculture, Food & Rural Affairs Appeal Tribunal·Since 2014

cases · 8 yrs · OAFRAAT

Trial

Motion

Costs

Appeal

Sentencing

Member· 17Vice-Chair· 9

Glenn Walker

Edward Dries

OAFRAATUnanimous0 cases2015–2015

Brenda Lammens

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalApr 14, 2015

Appeal granted to remove an unnecessary berm from a municipal drain engineer's report.

The appellant appealed the Engineer's Report on the Newbiggen Drive Municipal Drain under section 48(1) of the Drainage Act.

The appellant argued that a berm included in the final report was unnecessary and lacked adequate specifications.

The Tribunal agreed, finding that the engineer's evidence regarding the berm's necessity and location was unconvincing.

Newbiggen Drive Municipal Drain (Re), 2015 ONAFRAAT 7

Sharon Weitzel

Glenn Walker

Edward Dries

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalDec 12, 2014

Appeals of an Engineer's Report for municipal drain relocation dismissed as proposed works were reasonable.

Several landowners appealed an Engineer's Report under the Drainage Act concerning the relocation and improvement of the Baillie Municipal Drain.

The appellants argued that the works were unnecessary, would cause maintenance issues, and that the process was flawed.

The Tribunal dismissed the appeals, finding that the appellants had no standing to appeal on the basis of benefits not being commensurate with costs since they were not assessed for benefit.

The Tribunal also found the proposed works, including the relocation of the drain and replacement of culverts, to be reasonable and in compliance with the Act's procedural requirements.

Baillie Municipal Drain 2014 (Re), 2014 ONAFRAAT 33

Paula Lombardi

Edward Dries

OAFRAATUnanimous0 cases2005–2014

Bill Schaefer

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalDec 5, 2014

Drainage assessment appeal denied; Engineer's calculation of benefit found fair and equitable.

The appellants appealed their assessment under the Engineer's Report for the Meuller Drain 2014, arguing they were overcharged and seeking a reduction.

The Tribunal found that the Engineer's methods of calculating the assessments, including the benefit rate applied equally on a per metre basis, were reasonable, fair, and equitable.

The appellants failed to provide evidence that their property would not receive a benefit from the drain.

The appeal was denied.

Tom and Joanne Teather v. Municipality of Bayham, 2014 ONAFRAAT 32

Tim Mousseau

Glenn Walker

Edward Dries

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalDec 3, 2014

Drainage assessment appeal dismissed; engineer's use of lower runoff coefficient for wetlands upheld.

The Tribunal found that the engineer properly applied the modified Todgham method, correctly assigning a lower runoff coefficient to the wetlands compared to agricultural lands.

The Tribunal also rejected the appellants' argument regarding injuring liability, noting that the drain is a municipal drain governed by the Drainage Act, not common law.

The appeal was dismissed, and the assessments were confirmed as fair and equitable.

Gilbert Drain 2014 (Re), 2014 ONAFRAAT 31

Tim Mousseau

Jeffrey Hewitt

OAFRAAT0 cases2014–2019

Edward Dries

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalNov 10, 2014

Landowners' appeals against municipal drain repair and assessments dismissed; engineer's report and design upheld.

Several landowners appealed the Engineer's Report and the decision of the Court of Revision regarding the repair and improvement of the Centre Dingman Creek Drain Branch 'D' under the Drainage Act.

The appellants challenged the assessments levied against their properties, the design of the drainage works, and the adequacy of compensation and allowances.

The Tribunal found the assessment methodology to be logical, equitable, and compliant with the Act, and declined to modify the drainage works or adjust the assessments.

Centre Dingman Creek Drain Branch “D” (Re), 2014 ONAFRAAT 29

Sharon Weitzel

Paula Lombardi

Edward Dries