On written motions within a municipal drain appeal under the Drainage Act, the appellants sought summary dismissal or redirection of the drain proceedings, alleged errors in the engineer’s report, raised an alleged council conflict of interest, requested more time for expert evidence, and sought disclosure of a potential witness’s identity.
The Tribunal held that the merits of the drain appeal and alleged errors in the engineer’s report required an evidentiary hearing and could not be resolved summarily.
It further held that any municipal conflict issue fell outside the Tribunal’s jurisdiction and belonged in the Superior Court of Justice.
The Tribunal extended the deadline for the appellants’ expert report to August 13, 2021, reserved the disclosure request, and cancelled the scheduled pre-hearing conference pending rescheduling.
