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Pre-hearing conference for drainage appeal postponed sine die pending outcome of parallel appeal before Referee.
The Grand River Conservation Authority appealed an engineer's report regarding the West Luther Drain under both section 47 (to the Referee) and section 49 (to the Tribunal) of the Drainage Act.
A pre-hearing conference was scheduled for the section 49 appeal.
The appellant argued the pre-hearing conference was premature because the section 47 appeal could result in the engineer's report being altered or cancelled.
The Tribunal agreed, finding it premature to proceed with the section 49 appeal while the legality of the engineer's report was being challenged before the Referee.
The pre-hearing conference was postponed sine die.
