Agriculture, Food and Rural Affairs Appeal Tribunal
1Stone Road West Guelph, Ontario
N1G 4Y2
Tel: (519) 826-3433, Fax: (519) 826-4232
Email:Tribunal@OMAF.gov.on.ca
Tribunal d’appel de l’agriculture,
de l’alimentation
et des affaires rurales
1, chemin Stone Ouest
Guelph (Ontario) N1G 4Y2
Tél.: (519) 826-3433, Téléc.: (519) 826-4232
Email:Tribunal@OMAF.gov.on.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Hambly-Sabourin Drain 2001 and Beaulac-Beach Drain – 2001
Township of Brethour
Hambly-Sabourin Drain 2001 and Beaulac-Beach Drain – 2001 (RE) [Prelim Order Review] 2004 ONAFRAAT 17
STATUTE:
Drainage Act
HEARING:
November 8, 2002
DATE OF DECISION:
May 7, 2004
2004-17
NEUTRAL CITATION:
2004 ONAFRAAT 17
Hambly-Sabourin Drain 2001 and theBeaulac-Beach Drain 2001 [Prelim Order Review]
Township of Brethour
IN THE MATTER OF THE DRAINAGE ACT R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF: A request for a review a decision of the Agriculture, Food and Rural Affairs Appeal Tribunal dated September 29, 2003 with respect to the Hambly-Sabourin Drain 2001 and the Beaulac-Beach Drain – 2001 in the Township of Brethour made by K. Smart Associates Limited dated January 17, 2004 pursuant to Rule 29 of the Tribunal’s Rules of Procedure
Before:
Andrew Osyany, Vice Chair; Jack Young, Vice Chair; George Klosler, Member
DECISION OF THE TRIBUNAL
This panel of the Agriculture, Food and Rural Affairs Appeal Tribunal (the Tribunal) has been constituted to review the decision of the Tribunal dated September 29, 2003 regarding appeals from an engineer’s report and decision of the Court of Revision on the Hambly-Sabourin Drain 2001 and the Beaulac-Beach Drain 2001 in the Township of Brethour.
Procedure for a review
The Tribunal’s Rules of Procedure outline the procedure for conducting a review of a Tribunal decision as follows:
29.24 Unless otherwise ordered, a review of a final decision or order of the Tribunal shall be conducted orally.
29.25 A review shall be conducted by a panel of the Tribunal designated by the Chair.
29.26 On a review the Tribunal may confirm, vary, suspend or cancel the final decision or order under review.
The Background
The Tribunal heard appeals by Mr. Gary Beach, Mr. Kenneth Hambly and Mr. Richard S. Gosselin on November 8, 2002. Two interim decisions were issued subsequent to that hearing and a final decision of the Tribunal was released in September 2003.
Subsequent to that decision, the engineer, K. Smart Associates Limited, asked that the decision be clarified and reviewed (correspondence attached) and the Chair of the Tribunal ordered this panel to conduct the review. The panel met by conference call and determined the procedure outlined below.
Procedural Decision
The preliminary view of this panel is that, due to the number and nature of the clarifications sought, the most appropriate way of dealing with the issues would be by way of an oral hearing to be held on June 25, 2004 in the Township of Brethour.
The focus of the review will be the seven points raised by the engineer in the attached request for review, which, however, may be expanded to the extent that the panel finds it appropriate in the circumstances.
This panel is prepared to receive written submissions in regard to the above preliminary order until Monday, June 7, 2004, after which time, the panel will issue a formal notice of hearing.
ORDER OF THE TRIBUNAL
After careful consideration of the submissions made the Tribunal orders:
- Parties to this proceeding are invited to make submissions to the Tribunal by June 7, 2004 with regard to the provisional order of the Tribunal:
i) to carry out a review of Tribunal decision dated September 29, 2003 on the Hambly-Sabourin Drain 2001 and the Beaulac-Beach Drain 2001 in the Township of Brethour by way of an oral hearing on June 25, 2004 at the Municipal Offices in Belle Vallée: and
ii) to focus the review on the matters raised by the engineer in his letter of January 17, 2004 (copy attached), together with such matters as the panel may find appropriate to the review
Dated at Shelburne, Ontario this 7th day of May, 2004.