Lewis Municipal Drain and Maple Avenue South Municipal Drain, 1998 ONAFRAAT 24

Agriculture, Food and Rural Affairs Appeal Tribunal

Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West

Guelph, (Ontario) N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca

Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email: AFRAAT@ontario.ca

AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL

APPEAL:

Lewis Municipal Drain and Maple Avenue South Municipal Drain Township of Burford

Lewis Municipal Drain and Maple Avenue South Municipal Drain (RE) 1998 ONAFRAAT 24

STATUTE:

Drainage Act

HEARING:

March 26, 1998

DATE OF DECISION:

June 29, 1998

1998-24

NEUTRAL CITATION:

1998 ONAFRAAT 24

Lewis Municipal Drain and Maple Avenue South Municipal Drain Township of Burford

IN THE MATTER OF THE DRAINAGE ACT R.S.O. 1990, CHAPTER D.17, AS AMENDED.

AND IN THE MATTER OF:

An appeal to the Ontario Drainage Tribunal by Mr. Peter Van Kruistum, Mr. Russell Wilson and the Township of Burford Road Department under Section 54 of the Drainage Act from the decision of the Court of Revision and by Mr. Peter Van Kruistum under Section 48 concerning the June 16, 1997 engineer’s report on the Lewis Municipal Drain 1997 and the Maple Avenue South Municipal Drain 1997 in the Township of Burford.

Before:

Vernon Spencer, Chair; Andrew Wright, Vice-Chair; Andy Koopal, Member; Russell Piper, Member.

Appearances:

Bradley W. Stone, counsel to Mr. Peter Van Kruistum, appellant.

Robert Parsons, counsel to the Township of Burford Roads Department, appellant.

Paul Amy, counsel to Mr. Russell Wilson, appellant.

DECISION OF THE TRIBUNAL

This appeal was heard in Burford, Ontario commencing on Thursday March 26, 1998 and continuing on June 19, 1998. Mr. Peter Van Kruistum, Mr. Russell Wilson and the Township of Burford Road Department appealed to the Ontario Drainage Tribunal (the Tribunal) under Section 54 of the Drainage Act from the decision of the Court of Revision and Mr. Peter Van Kruistum also appealed under Section 48 from the June 16, 1997 engineer’s report on the Lewis Municipal Drain 1997 and the Maple Avenue South Municipal Drain 1997 in the Township of Burford.

Mr. John Innes, Clerk of the Township of Burford, performed the duties of the Clerk of the Tribunal.

Section 48 of the Act is as follows:

48. (1) Any owner of land or any public utility affected by a drainage works, if dissatisfied with the report of the engineer on the grounds that,

(a) the benefits to be derived from the drainage works are not commensurate with the estimated cost thereof;

(b) the drainage works should be modified on grounds to be stated;

(c) the compensation or allowances provided by the engineer are inadequate or excessive;

(d) the engineer has reported that the drainage works is not required, or is impractical, or cannot be constructed under section 3,

may appeal to the Tribunal, and in every case a written notice of appeal shall be served within forty days after the mailing of the notice under section 40 or subsection 46(2), as the case may be.

48. (2) Where lands used for agricultural purposes may be affected by the drainage works, the Director may appeal to the Tribunal on any of the grounds and in the manner mentioned in subsection (1).

R.S.O. 1990, chap. D.17, s. 48.

Section 54 of the Act is as follows:

54. (1) Any party to an appeal before the court of revision may