ONTARIO DRAINAGE TRIBUNAL
APPEAL:
WALLIS MUNICIPAL DRAIN (RE) Township of North· Dorchester Eugene and Marion Gough, Soreny Farms. Ltd., and Ministry of Transportation of Ontario
WALLIS MUNICIPAL DRAIN (RE), 1996 ONAFRAAT 12
STATUTE:
Drainage Act
HEARING:
No Hearing
May 29, 1996
NEUTRAL CITATION:
1996 ONAFRAAT 12
WALLIS MUNICIPAL DRAIN
TOWNSHIP OF NORTH DORCHESTER
IN THE MATTER OF:
An Appeal to the Ontario Drainage Tribunal under Section 48 (1) (a), (b) and (c) of the Drainage Act by Mr. Michael Soreny, Eugene and Marion Gough and Tack Farms Ltd. from the report of the engineer on the WALLIS MUNICIPAL DRAIN, TOWNSHIP OF NORTH DORCHESTER dated June 15, 1995.
Before:
Mr. Vernon Spencer, Chair; Mr. Andrew Osyany, Vice Chair; Mr. Russell Piper, Member.
DECISION OF THE TRIBUNAL
This appeal was scheduled to be heard in the Council Chambers in the Township of North· Dorchester, 4305 Hamilton Road, Dorchester, Ontario, Ontario on Wednesday, January 10, 1996. Prior to commencing the hearing, the parties asked the Ontario Drainage Tribunal (the Tribunal) to postpone the hearing to a date to be determined so they had time to attempt to settle the issues under appeal. By letter dated April 12, 1996, Mr. W. J. Bartlett P. Eng., the engineer responsible for the June 15, 1995 report on the Wallis Municipal Drain, advised the Tribunal that the matters under appeal had been settled by the parties. Attached to his letter were minutes of settlement dated March 14, 1996. The minutes of settlement are signed by Eugene and Marion Gough, Soreny Farms. Ltd., Tack Farms Ltd., the Township of North Dorchester and the Ministry of Transportation of Ontario. Mr. Bartlett requested that the Tribunal issue an order endorsing the minutes of settlement and instructing the Clerk to modify the provisional bylaw in accordance with the settlement.
The Tribunal considered this request on May 16, 1996 and decided to grant the request. The Tribunal wishes to congratulate the parties for their innovative approach to solving the problems without incurring the cost of a hearing.
ORDER OF THE TRIBUNAL
1/ The Clerk of North Dorchester is ordered to modify by law 19-95 Wallis Municipal Drain so that it accurately reflects the minutes of settlement dated March 14, 1996 and signed by the appellants.
2/ After the by-law has been modified it is to be circulated to all parties entitled to be sent a copy of the provisional by-law under Section 46 along with a notice stating that any owner affected by the work can appeal directly to the Tribunal by filing a notice of appeal with the Clerk of the municipality within 14 days of the mailing of the notices.
3/ If no appeals are filed within 14 days of the mailing of the notices specified in Order 2, the project is confirmed, and the Council may proceed to give third reading to the by-law and proceed to construction in accordance with the provisions of the Drainage Act.
It is ordered that there be no order as to costs and all parties are responsible for their own costs.
Attention is drawn to Section 73 of the Act.
Dated at Shelburne, Ontario this 29th day of May, 1996.