Steve Moutsatsos

The appellants appealed the final engineer's report for the proposed Frank Szeder Drain under section 48 of the Drainage Act, arguing that the project was delayed excessively and the proposed design was flawed and too costly.

The Tribunal found that while the 12-year delay was excessive, the appellants failed to provide evidence that the proposed drainage work was technically flawed or that the costs outweighed the benefits.

The Tribunal dismissed the appeal and affirmed the engineer's report, but limited the chargeable engineering costs to $108,130 to account for the excessive delay.

The appellant, an Alberta sheep farmer, appealed a decision of the Ontario Sheep Farmers (OSF) regarding the collection of licence fees on lambs sold into Ontario.

The Tribunal found the appellant lacked standing on several issues but had standing to challenge the application of the licencing regime to non-resident producers.

The Tribunal interpreted the General Regulations and found they did not clearly exempt non-resident producers from paying licence fees, exceeding OSF's authority.

The Tribunal ordered OSF to amend its regulations to explicitly state that no licence fee shall be charged to non-resident producers and to issue a directive stopping such deductions.

The appellants brought a motion seeking declarations that the respondent municipalities lacked jurisdiction to refer an engineer's drainage report back for reconsideration, arguing the matter was before the Drainage Referee.

The Tribunal dismissed the motion, finding that Section 57 of the Drainage Act provides clear authority for a municipal council to refer a report back to the engineer for reconsideration.

The Tribunal also noted there was no evidence of improper motive and that raising the jurisdictional issue at this stage was inappropriate.

The appellant appealed the Engineer's Report for the Frenchman's Creek Drain under sections 48(1) and 54(1) of the Drainage Act.

The appellant argued the proposed drainage works were unnecessary and that flooding was solely caused by a nearby quarry discharging water in excess of its permit.

The Tribunal dismissed the section 54(1) appeal as the appellant provided no evidence challenging the assessments.

The Tribunal also dismissed the section 48(1) appeal, finding the proposed works were required, the quarry had a legal right to discharge under its permit, and the drain required improvement.

The Ontario Sheep Marketing Agency brought a preliminary motion to dismiss an appeal by two non-resident sheep producers regarding the collection of license fees.

The Agency argued the producers lacked a sufficient interest in the subject matter of the appeal.

The Tribunal dismissed the motion, finding that the producers were aggrieved persons who were required to pay fees and thus had a sufficient interest to be entitled to a hearing on the merits.

The appellant, representing licensed chicken processors, appealed a reconsideration decision of the respondent local board regarding the collection of data for the Cost of Production Formula used to set minimum live chicken prices.

The appellant requested that the respondent collect specific data on third-party labour costs, feed cost discounts, and government payments in its Operating Costs Survey, which the respondent refused.

The Tribunal held a bifurcated hearing to determine its jurisdiction.

The Tribunal found that it lacked jurisdiction to hear the appeal because the respondent's decision was discretionary and not mandated by legislation, and because the pricing of chicken is determined by a negotiating agency, which falls under the exclusive jurisdiction of the Ontario Farm Products Marketing Commission.

The appeal was dismissed.

The appellants appealed their assessments for the construction and future maintenance costs of the Bruce Beach Municipal Drain Phase 1 under section 54 of the Drainage Act.

The appellants argued that their assessments should be reduced or eliminated due to lack of benefit and alleged negligence by the municipality in managing drainage infrastructure.

The Tribunal dismissed the appeals, finding that the properties did benefit from the drainage works and that the assessments were fairly and reasonably calculated using the Todgham method.

The appellant, an inactive egg grading station and quota holder, appealed a decision of the Egg Farmers of Ontario (EFO) refusing to enact a 'directed marketing' policy that would require producers to market eggs to it.

The Tribunal found that while the appellant had standing as an aggrieved person, the Tribunal lacked jurisdiction to order EFO to exercise its discretionary delegated powers to create such a policy.

The Tribunal also found the appeal was vexatious and brought in bad faith, as it was pursued concurrently with civil litigation raising similar issues and alongside three other withdrawn appeals.

The appeal was dismissed without a hearing, and costs of $8,842.25 were awarded to the respondent.

At a pre-hearing conference, the parties made oral submissions regarding the Tribunal's jurisdiction and whether the appeal should be dismissed before a hearing.

The Tribunal dismissed the appeal, with reasons to follow, and set a schedule for written submissions on costs.

The appellant appealed the assessments in the Engineer's Report for the Paauw Drain under section 54 of the Drainage Act.

The parties reached a resolution and sought a consent order from the Tribunal.

The Tribunal ordered corrections to the Engineer's Report and revised assessments for the appellant's property, setting aside the Court of Revision decision regarding the property.

The appellant appealed the drainage assessments allocated to his properties under section 54 of the Drainage Act regarding the Switzer Drain.

The appellant argued that the project primarily benefited another property owner and that his assessments were unfair, particularly given a previous cleanout he funded.

The Tribunal accepted the evidence of the municipal engineer, who used a modified Todgham Method to calculate the assessments, and found that the assessments were fair, reasonable, and in compliance with the Drainage Act.

The appeal was denied.

The appellant appealed an Engineer's Report under the Drainage Act, challenging the assessment of costs for the replacement and maintenance of a privately installed culvert (Culvert 8).

The appellant argued the culvert was merely for the convenience of the downstream landowner to access its bisected properties and was not rendered necessary by the drainage works.

The Tribunal agreed, finding that the culvert was not necessary for the drain itself and that the downstream properties had alternative road access.

The appeal was granted, and the costs for the culvert were ordered to be assessed entirely to the downstream landowner as a special benefit under section 24 of the Drainage Act.