Vern Spencer

The Municipality of Chatham-Kent applied to the Agriculture, Food and Rural Affairs Appeal Tribunal for a modification to a township by-law concerning the repair and improvement of the Travis Drain.

Following the adoption of an engineer's report, a property owner requested a change in the culvert end treatment from rip-rap to pre-cast concrete headwalls, agreeing to pay the increased cost as a special benefit assessment.

The Tribunal exercised its authority under section 51(1) of the Drainage Act to approve the requested amendments to the by-law on terms, ordering the municipal clerk to insert specific modifying language and to notify affected owners of their right to appeal.

The appellant chicken producer appealed a decision of the Chicken Farmers of Ontario denying its request to carry forward under-marketed chicken from Quota Period A-21.

The appellant argued it under-estimated its chick order because the respondent was late in issuing the quota allotment.

The Tribunal found joint responsibility, as the respondent failed to issue the allotment in a timely manner, but the appellant failed to contact the respondent for an estimate.

The appeal was partially granted, allowing the appellant to carry forward 10% of its under-production plus half of the remaining under-production.

The appellant appealed the decision of the Court of Revision regarding the assessments for the Lamb Drain under section 54 of the Drainage Act.

The appellant argued that its assessment for a new branch of the drain should be reduced because it did not intend to connect its tile drainage system to it, and requested the elimination of another branch.

The Tribunal found that it lacked authority to consider the request to eliminate a branch as it was not raised within the prescribed time limits.

The Tribunal upheld the engineer's assessments, finding that the appellant's property benefited from the relocation of the drain and that it was appropriate to assess the lands for tile drainage outlet into the municipal drain.

The appeal was dismissed.