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

APPEAL:

Walker Drain Improvement – 2001 Municipality of Thames Centre

Walker Drain Improvement – 2001 (RE) [Review of Decision] 2003 ONAFRAAT 14

STATUTE:

Drainage Act

HEARING:

October 16, 2002 and February 18, 2003

DATE OF DECISION:

May 14, 2003

2003-14

NEUTRAL CITATION:

2003 ONAFRAAT 14

Walker Drain Improvement – 2001 [Review of Decision] Municipality of Thames Centre

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

AND IN THE MATTER OF: A request by the Municipality of Thames Centre, pursuant to Rule 29 of the Rules of Procedure of the Agriculture, Food and Rural Affairs Appeal Tribunal, that the Tribunal review its decision of May 29, 2002 with respect to the appeal to the Tribunal by:

K. Loucks K. Dimtrick Barbara Reid V. Chanyi G. Dewit Paul Sinclair Jerry Baker T. Buys Jacalin Ramsay R. Zweers W. Zweers S. & C. Fiedler Mike Leal R. & L. Vanbesien P. Reid Richard Tipping Shelley Wouters Tony Moonen Margaret Mitchell Frances M. Strothard

under Section 48 of the Drainage Act from the engineer’s report on the Walker Drain Improvement – 2001 in the Municipality of Thames Centre.

Before: Andrew Osyany, Vice Chair Paul Gillen, Vice Chair Jack Young, Vice Chair Bill Olson, Member

Appearances: David Broad, counsel to the Municipality of Thames Centre Paul Elston, P. Eng., representing R.J.Burnside & Associates Ltd. (the “Engineer”) Daryl Loucks, assessed landowner Gerry Dewit, assessed landowner Gerry Baker, assessed landowner Allan Button, agent for Margaret Mitchell, assessed landowner Dennis Shand, Drainage Superintendent, for the Municipality of Thames Centre

DECISION OF THE TRIBUNAL

This review of the Tribunal decision dated May 29, 2002 on the Walker Drain Extension - 2001 was heard in Dorchester, Ontario on October 16, 2002 and February 18, 2003. The Tribunal agreed to review its decision on the grounds that new information, which was not available at the time of the hearing, should be considered.

Michelle Casavecchia, Clerk of the Municipality of Thames Centre (the “Municipality”), performed the duties of the Clerk of the Tribunal. Proof was filed with the Tribunal that all parties have been served with notice of this hearing.

Background

The Tribunal held a hearing on April 17, 2002 to