Paul Elston

The Municipality of Bluewater brought a motion for directions regarding the proposed Ausable River Municipal Drain.

Following the withdrawal of several petitioners, the Referee determined that the third petition for the drain was no longer valid.

The Referee then apportioned the substantial costs incurred over the 10-year history of the failed project.

Costs for the first two petitions were assessed against the petitioners and the withdrawing municipality.

Costs related to environmental and cost-benefit studies were assessed against the Ausable Bayfield Conservation Authority, which had requested them.

The remaining costs were divided equally among the petitioners, the Municipality of Bluewater, and the Municipality of South Huron.

The appellant appealed a municipal drainage project, arguing that the initiating petition was deficient due to property misdescriptions, unauthorized signatures, and the failure of all joint owners to sign.

The Drainage Referee held that while minor property misdescriptions do not invalidate a petition, signatures by non-owners without clear written authorization are invalid.

Furthermore, following previous jurisprudence, the Referee determined that all joint owners must sign a drainage petition.

Because twelve signatures were found to be faulty, the petition was deemed insufficient and the by-law was quashed.