Tribunal orders municipality to accept drainage petition and appoint engineer after failing to respond within 30 days.
The appellants filed a petition for drainage with the City of Welland under the Drainage Act due to flooding on their property.
The City failed to respond within the prescribed 30 days, prompting the appellants to appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal.
The City brought a preliminary motion to dismiss the appeal, arguing that a registered subdivision agreement under the Planning Act governed the property's drainage and that Section 71 of the Planning Act prevailed in the event of a conflict.
The Tribunal dismissed the motion, finding no conflict between the specific provisions of the two Acts.
The Tribunal ordered the City to accept the petition and appoint an engineer to examine the area and prepare a report.
Joseph Comazzolo and April Comazzolo v. City of Welland, 2007 ONAFRAAT 1
