Herb Todgham is a vice-chair at the Agriculture, Food & Rural Affairs Appeal Tribunal with 43 decisions on record from 1996 to 2000. Key areas include administrative law, other tribunals, environmental law.

What tribunal does Herb Todgham sit on?

Herb Todgham sits on the Agriculture, Food & Rural Affairs Appeal Tribunal.

What areas of law does Herb Todgham decide?

Herb Todgham's most common areas include Administrative Law (42 decisions), Other Tribunals (37 decisions), Environmental Law (16 decisions). Herb Todgham has handled 43 decisions across 4 areas.

How many decisions has Herb Todgham made?

Herb Todgham has 43 decisions on record from 1996 to 2000.

Who frequently appears before Herb Todgham?

Representatives who frequently appear before Herb Todgham include Don Dowdell, Andrew McBride, David A. Stewart.

Herb Todgham — Vice-Chair

OAFRAATJan 21, 2000

Drainage assessment report referred back to engineer for reconsideration due to errors and boundary issues.

The appellants appealed the decision of the Court of Revision regarding the assessments for the repair of the Edgar Sideroad Drain.

The engineer had based the assessments on a 1979 report but later provided a revised schedule that changed almost every property's assessment.

The appellants and other assessed owners raised concerns about the calculation of cut-off benefits, watershed boundaries, and the distribution of costs.

The engineer acknowledged errors and requested the report be referred back.

The Tribunal ordered the report referred back to the engineer for reconsideration under section 51(1) of the Drainage Act, with specific recommendations for the revised report, and ordered that the engineering costs for the revision and hearing not be charged to the drainage project.

Joseph Malenfant and Stanley Hall v. Town of Essex (Edgar Sideroad Drain), 2000 ONAFRAAT 2

OAFRAATJan 6, 2000

Tribunal modifies engineer's report for municipal drain to adjust alignment, land allowances, and road crossing costs.

Several landowners and municipalities appealed the engineer's report and Court of Revision decisions regarding the Séguin/East Boundary Municipal Drain.

The appellants challenged the assessments, the allowances for land taken and damages, and the proposed alignment of the drain.

The Tribunal dismissed the specific appeals but ordered modifications to the engineer's report, including relocating a portion of the drain, adjusting land allowances, and directing that the cost of the road crossing be charged to the road authority pursuant to section 26 of the Drainage Act.

Seguin/East Boundary Municipal Drain (Re), 2000 ONAFRAAT 1

OAFRAATDec 15, 1999

Application to modify municipal by-law for relocation of municipal drain approved on terms.

The City of Port Colborne applied to the Tribunal requesting a modification to a municipal by-law concerning the relocation of a portion of the Wignell W2 Municipal Drain.

The proposed work, undertaken entirely at the cost of a local quarry, would relocate the drain to fit into the final quarry configuration and rehabilitation plan.

The Tribunal approved the requested amendments to the by-law on terms, directing the engineer to amend the report and the city clerk to replace the relevant drawings and notify affected persons.

Wignell W2 Municipal Drain (Re), 1999 ONAFRAAT 32

OAFRAATDec 13, 1999

Drainage report modified to adjust assessments and working widths; appeals for realignment and increased land allowances dismissed.

Appellants appealed the engineer's report for the Foreman Municipal Drain Improvement under sections 48 and 54 of the Drainage Act.

The Tribunal granted the appeal regarding the assessment of costs for Green Lane Environmental, finding the original outlet and benefit assessments unfair, and ordered modifications to the working width on their property.

The Tribunal dismissed appeals seeking to divert the drain out of the watershed and to increase the allowance for land used, finding the proposed alignment and agricultural land valuation appropriate.

The Tribunal also directed modifications to relocate a portion of the drain on another property and ordered the municipality to pay the actual increased costs resulting from the presence of a municipal road.

Foreman Municipal Drain Improvement 1999, 1999 ONAFRAAT 30

OAFRAATSep 16, 1999

Drain relocation upheld but engineer's report amended to increase allowances and Township's special benefit assessment.

The appellants appealed an engineer's report concerning the relocation and repair of the Harkness Drain, arguing that the allowances for damages and tree removal were insufficient and that the drain should not be moved off the road allowance.

The Tribunal upheld the decision to relocate the drain to accommodate road improvements but found that the Road Authority was not assessed enough for the benefit it received.

The Tribunal ordered the engineer's report to be amended to increase the special benefit assessment to the Township, increase the allowances for right-of-way and damages for the appellants, modify the piping requirements, and recalculate the allowances for tree removal.

Brian Stewart and William Miller v. Township of Moore, 1999 ONAFRAAT 25

OAFRAATAug 31, 1999

Drainage assessment appeal dismissed; private facility not incorporated into municipal works, precluding statutory allowance.

The appellants appealed the assessments in an amended engineer's report for a municipal drain, arguing that their existing private drainage facility should have been incorporated into the design and that they should receive an allowance under section 31 of the Drainage Act.

They also contested the cut-off benefit assessed to their properties.

The Tribunal held that the appeal was restricted to assessment matters and declined to treat it as a rehearing to alter the drain's design.

The Tribunal found that section 31 allowances were inapplicable because the private facility was not incorporated into the municipal works, and upheld the engineer's cut-off benefit assessments as a proper exercise of discretion.

Hayter Drain (Re), 1999 ONAFRAAT 22

OAFRAATAug 12, 1999

Appeals regarding municipal drain modifications, crop damage allowances, and assessments dismissed.

The appellants appealed the engineer's report and the Court of Revision's decision regarding the Johnston Drain, seeking a modification to divert the upper portion of the watershed to the north, increased allowances for crop damage, and changes to the assessments.

The Tribunal dismissed the appeals, finding that the proposed northern diversion offered no cost or design advantage over the engineer's proposed route.

The Tribunal also upheld the crop damage allowance of $600 per acre and the assessments as fair and reasonable, though it ordered the engineer to amend the report to include detailed assessment calculations.

Johnston Drain (Re), 1999 ONAFRAAT 21

OAFRAATJul 30, 1999

Tribunal modified drainage assessments, finding upper owners liable for outlet but adjusting the benefit ratio.

The appellants appealed the decision of the Court of Revision confirming the engineer's report and assessments for the Stefanik Drain.

The appellants argued that they were riparian owners on a natural watercourse and therefore should not be assessed for outlet liability.

The Tribunal conducted a site view and concluded that the channel in question was not a natural watercourse with riparian rights, but rather a swale used as an outlet for tile drainage.

The Tribunal found that the proposed drain provided a legal outlet for the upper properties, justifying an outlet assessment.

However, the Tribunal adjusted the assessment ratio, determining that the main purpose of the work was to reclaim land on the lower property, and modified the schedule of assessment accordingly.

John Babensky, Raymond Poort and Raymond Packet v. Township of Enniskillen, 1999 ONAFRAAT 20

OAFRAATJul 23, 1999

Drainage assessment reduced for woodlot property; engineer's approach to damage allowances upheld.

The appellants appealed the assessments and allowances for the proposed Fekete Drain under the Drainage Act.

They raised concerns about the benefit assessment for an open ditch through their woodlot, the lack of compensation for tree damage, and the size and cost of a farm crossing culvert.

The Tribunal found the benefit assessment for the open ditch was too high compared to downstream properties and ordered it reduced.

However, the Tribunal upheld the engineer's approach to allowances for damages, noting commitments to minimize tree damage during construction.

The Tribunal also ordered the report amended to lengthen the culvert and specify equipment access routes.

Fekete Drain (Re), 1999 ONAFRAAT 19

OAFRAATJul 7, 1999

Drainage Act appeal dismissed; engineer's assessment schedule for drain maintenance upheld as fair.

The appellant appealed the engineer's report and the decision of the Court of Revision regarding the assessment schedule for future maintenance of a section of the O'Brien Drain under the Drainage Act.

The appellant argued that the drain should be treated as one continuous project and that all users should be assessed equally based on acreage.

The Tribunal found that the Drainage Act requires partitioning the drain for maintenance purposes so that landowners are not assessed for work done upstream of their outlet.

The Tribunal upheld the engineer's methodology, which adjusted the previous 1953 assessment to account for subsequent severances, road construction, and drainage diversions.

The appeal was dismissed, with minor amendments ordered to clarify the report's scope.

Norman DeMeyer v. Township of Plympton, 1999 ONAFRAAT 18

OAFRAATJul 7, 1999

Campground owners' drainage benefit assessment reduced by $3,000 and redistributed across watershed.

The appellants, owners of a campground, appealed the decision of the Court of Revision regarding their assessment for improvements to the Ipperwash Drain.

They argued their benefit assessment was too high and disproportionate to the benefits received.

The Tribunal found the engineer's assessment method appropriate but concluded the specific benefit assessment against the appellants was too high.

The Tribunal ordered the appellants' benefit assessment reduced by $3,000, with that amount redistributed to the outlet assessment of all lands in the watershed.

Carolinian Forest Campground (Sandra Funk) v. Town of Bosanquet, 1999 ONAFRAAT 17

OAFRAATJun 29, 1999

Drainage report costs reapportioned to reflect the burden of municipal amalgamation on assessment methods.

The appellant appealed the decision of the Court of Revision regarding the assessment of costs for a report on future maintenance of the Zoller Drain and Zoller Drain Extension.

The report's costs were largely driven by the need to convert block assessments to individual lot assessments following the amalgamation of the Village of West Lorne and the Township of Aldborough.

The Tribunal found the engineer's equal per-property assessment method unfair to small non-agricultural lots.

The Tribunal ordered the costs to be reapportioned: a fixed amount to the former Township, a small per-lot fee to the former Village, and the balance to the amalgamated Municipality's roads and streets, reflecting the costs of amalgamation.

Rick Stewart v. Municipality of West Elgin, 1999 ONAFRAAT 15

OAFRAATMar 26, 1999

Appeal granted; proposed drainage works cancelled as estimated costs exceeded expected benefits.

The appellants appealed an engineer's report proposing the construction of a new tile drain to supplement the capacity of the existing Donald Carroll Drain.

The proposed work was requested by one landowner to improve drainage on his property.

The appellants argued that the existing drainage was adequate and that the estimated cost of the work exceeded the expected benefits.

The Tribunal found that the majority of the landowners were satisfied with the existing drainage and that there was no evidence of crop loss or significant land damage on the property of the person requesting the improvement.

The Tribunal concluded that the benefits of the proposed work were not commensurate with its estimated cost and granted the appeals, ordering that the work not proceed.

Donald Carroll Drain (Re), 1999 ONAFRAAT 8

OAFRAATFeb 5, 1999

Tribunal allowed landowners to opt out of municipal drain culvert replacement by assuming future maintenance costs.

The appellants appealed an engineer's report under the Drainage Act that recommended replacing three access culverts on a municipal drain.

The appellants had begun repairing their own culvert headwall and argued that their culvert only required maintenance, not full replacement, and objected to the associated costs.

The Tribunal found that while replacement was the prudent engineering solution given the age of the pipes, the appellants should not be forced to undertake the work if they accepted the risk.

The Tribunal ordered that the appellants could opt out of the replacement, provided they assume sole financial responsibility for any necessary maintenance on their culvert for the next five years.

Bridges Over the Hicks Drain (Re), 1999 ONAFRAAT 4

OAFRAATFeb 4, 1999

Drainage assessments for improvements reduced to zero where only maintenance of existing drain was required.

The appellants appealed the decision of the Court of Revision regarding the engineer's report for improvements to the W.J. Douglas Municipal Drain.

The Tribunal found that the proposed improvements on the appellants' lands were unnecessary and that only maintenance of the existing drain was required.

The Tribunal allowed the appeals, reduced the appellants' assessments for the improvements to zero, and referred the report back to the engineer to separate the costs of maintenance from the costs of improvements and to recalculate the assessments.

W.J. Douglas Municipal Drain (Re), 1999 ONAFRAAT 3

OAFRAATNov 24, 1998

Engineer's report for municipal drain referred back for re-working of assessments to comply with statutory and common law principles.

Several landowners appealed the decision of the Court of Revision confirming the assessments in the July 1998 engineer's report for the proposed Hayter Municipal Drain.

The appellants argued that the assessments were unfair, as the drain primarily benefited the agricultural property of the petitioning landowner.

The Tribunal found that the engineer's method of calculating the assessments did not comply with the Drainage Act or common law principles regarding surface water and cut-off benefits.

The Tribunal ordered the report referred back to the engineer to re-work the assessments in accordance with the principles set out in its decision, and amended the report's provisions regarding maintenance.

Hayter Municipal Drain (Re), 1998 ONAFRAAT 50

OAFRAATNov 9, 1998

Drainage assessment appeal allowed in part; benefit-to-outlet ratio reversed to reflect actual benefit.

The appellant appealed the decision of the Court of Revision regarding the assessments for the Knudsen Municipal Drain Improvement.

The appellant argued that the benefit assessment on their property was too high, as their land did not suffer from poor drainage or ponding, unlike upstream properties.

The Tribunal found that the primary purpose of the drain on the appellant's property was to provide an outlet for upstream lands, not to benefit the appellant's land.

The Tribunal ordered the engineer's report to be amended, reversing the benefit-to-outlet ratio for the appellant's property from 60% benefit / 40% outlet to 40% benefit / 60% outlet.

Knudsen Municipal Drain Improvement (Re), 1998 ONAFRAAT 46

OAFRAATAug 27, 1998

Drainage Act appeals dismissed; engineer's assessment for storm water drainage system upheld as fair and reasonable.

The appellants appealed the engineer's report regarding the Bellcreft Beach Drainage and Pumping System under the Drainage Act, challenging the proposed assessments and suggesting modifications to the drainage works, including a retention pond.

The Tribunal dismissed the appeals, finding the engineer's flat-rate assessment approach appropriate given the uniform level of protection provided to the area.

The Tribunal also declined to order modifications, noting the lack of engineering evidence supporting the appellants' proposed alternatives.

Bellcreft Beach Drainage and Pumping System (Re), 1998 ONAFRAAT 34

OAFRAATJul 28, 1998

Tribunal revokes 1987 order for drainage pump installation due to landowner opposition and lack of necessity.

The City of Port Colborne applied to rescind a 1987 Tribunal order that required the installation of a low lift pumping station on the Point Abino Drain.

Both the City and the Town of Fort Erie supported abandoning the project, and a survey of affected landowners revealed overwhelming opposition to the installation.

The Tribunal granted the motion and revoked the 1987 order, finding that the passage of time without significant flooding problems indicated the pump was no longer necessary.

The Tribunal ordered that the costs incurred to date be divided between the municipalities and assessed against the landowners in the drainage area.

Point Albino Drain (Re), 1998 ONAFRAAT 28

OAFRAATJun 23, 1998

Appeal of drainage assessments dismissed; engineer's equivalent acreage method and cost division found appropriate.

The appellant appealed the decision of the Court of Revision regarding the assessments for Branches 'B' and 'C' of the Garvey-Smith Drain.

The appellant argued that he received no benefit from the proposed drainage work and that the costs should be borne by the neighbouring landowner.

The Tribunal reviewed the engineer's assessment calculations, which used the equivalent acreage method, and found the division of costs between outlet and benefit to be appropriate.

The appeal was dismissed, and the assessments as modified by the Court of Revision were upheld.

Joseph Malenfant and Stanley Hall v. Town of Essex (Edgar Sideroad Drain), 2000 ONAFRAAT 2

Seguin/East Boundary Municipal Drain (Re), 2000 ONAFRAAT 1

Wignell W2 Municipal Drain (Re), 1999 ONAFRAAT 32

Foreman Municipal Drain Improvement 1999, 1999 ONAFRAAT 30

Brian Stewart and William Miller v. Township of Moore, 1999 ONAFRAAT 25

Hayter Drain (Re), 1999 ONAFRAAT 22

Johnston Drain (Re), 1999 ONAFRAAT 21

John Babensky, Raymond Poort and Raymond Packet v. Township of Enniskillen, 1999 ONAFRAAT 20

Fekete Drain (Re), 1999 ONAFRAAT 19

Norman DeMeyer v. Township of Plympton, 1999 ONAFRAAT 18

Carolinian Forest Campground (Sandra Funk) v. Town of Bosanquet, 1999 ONAFRAAT 17

Rick Stewart v. Municipality of West Elgin, 1999 ONAFRAAT 15

Donald Carroll Drain (Re), 1999 ONAFRAAT 8

Bridges Over the Hicks Drain (Re), 1999 ONAFRAAT 4

W.J. Douglas Municipal Drain (Re), 1999 ONAFRAAT 3

Hayter Municipal Drain (Re), 1998 ONAFRAAT 50

Knudsen Municipal Drain Improvement (Re), 1998 ONAFRAAT 46

Bellcreft Beach Drainage and Pumping System (Re), 1998 ONAFRAAT 34

Point Albino Drain (Re), 1998 ONAFRAAT 28

John Garvey v. Township of West Nissouri, 1998 ONAFRAAT 22

appellant

appellant in person

appellant, in person

appellants

appellants in person

assessed landowners

assessed owner

assessed owner, in person

counsel to the appellant

counsel to the appellant, Mr. Derek Crolla

counsel to the appellant Mr. Kevin Donohue

counsel to the respondent, the Corporation of the Township of Colchester South

counsel to the respondent the Township of Anderdon

Drainage Superintendent for the respondent the City of Port Colborne

Drainage Superintendent for the respondent, the Township of Champlain

for 1060008 Ontario Ltd.

for 3A and Associates Investments Limited

for Francesco and Rosetta Iannialice, appellants

for Green Lane Environmental, appellant

for herself

for himself

for Just Beginning Inc., assessed owner

for Keith MacLennan

for Lana Hicks and George Boothe, assessed owners

for Mrs. Olga Woods, assessed owner

for Oildale Farms Ltd.

for several appellants

for the appellant

for the appellant, Medallion Holsteins Ltd.

for the appellant Mr. Kevin Donohue

for the appellant Ruth McFeeters

for the appellants

for the appellants Ester and Louis Arvai

for the appellants, except Mr. & Mrs. Gauthier

for the appellants Mr. Packet, Mr. Poort and Mr. Babensky

for the appellant, Thames Bend Farms Ltd.

for the appellant the Renfrew County Roman Catholic Separate School Board

for the appellant V. DeJong

for the Armstrong appellants

for the DeJong Farm (Petrolia) Ltd., assessed owner

for the O'Neil appellants

for the respondent

for the respondent, the City of London

for the respondent the Municipality of West Elgin

for the respondent, the Town of LaSalle

for the respondent, the Township of Blandford-Blenheim

for the respondent, the Township of Caledonia

for the respondent the Township of Ekfrid

for the respondent the Township of Enniskillen

for the respondent, the Township of Enniskillen

for the respondent the Township of Mariposa

for the respondent, the Township of Norwich

for the respondent, the Township of Plympton

for the township

for the Township of Caledonia

for William Henderson

on behalf of 104284 Canada Lteé, appellant

on behalf of 483038 Ontario Inc., appellant

on behalf of Dale and Linda Kramer, assessed owners

on behalf of Jean-Paul Cusson, appellant