Agriculture, Food and Rural Affairs Appeal Tribunal
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: appeals.tribunal.omafra@ontario.ca
Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email: appeals.tribunal.omafra@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL: Comazzolo Drain City of Welland Comazzolo Drain (RE) [Interlocutory Decision] 2006 ONAFRAAT 37
STATUTE: Drainage Act
HEARING: September 26, 2006
DATE OF DECISION: September 28, 2006
2006-37
NEUTRAL CITATION: 2006 ONAFRAAT 37
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 Agriculture, Food and Rural Affairs Appeal Tribunal by Joseph Comazzolo and April Comazzolo, Welland, Ontario under Section 5 of the Drainage Act on the grounds that the Council of the City of Welland has taken no action on their petition for drainage more than 30 days after the filing of their petition.
AND IN THE MATTER OF: A request that the hearing in this matter, which had previously been adjourned, not be Rescheduled before December 1, 2006.
Before: Rod Stork, Chair
INTERLOCUTORY DECISION OF THE TRIBUNAL
The Agriculture, food and Rural Affairs Appeal Tribunal (Tribunal) scheduled a hearing of this appeal by Mr. and Ms. Comazzolo for Tuesday, September 26, 2006 and Wednesday, September 27, 2006. The hearing was adjourned at the request of the City of Welland (The Municipality) by order of the Tribunal dated September 20, 2006. The Municipality had sought an adjournment for one month.
Subsequently, the Municipality asked that the matter not be rescheduled until after November 30, 2006. The Municipality’s legal counsel had an ongoing situation related to the health of a family member. The municipality did not with to proceed with outside counsel, preferring to use their City Solicitor, due to his experience with the municipality and the Drainage Act.
The appellants objected to a further delay in the scheduling of the proceeding. They submitted that their property had been damaged by flooding and that this aggravated health problems. They argued that Mr. Banks was still providing services to the city, not withstanding his family situation and argued that delaying the hearings for a father tree months would prevent any work form being carried out until 2007.
The findings
While the Tribunal understands the frustration of the appellants due to the delays in scheduling this proceeding, the Tribunal will grant the request that the hearing in this matter be delayed until December 2006, in the interests of fairness to the Municipality.
In light if the current circumstances the Tribunal expect that the Municipality will be ready to proceed the first week of December 2006, either with its City Solicitor or alternate legal counsel. The Tribunal will not grant any further adjournments in this matter for the reason of the City Solicitor’s family situation.
ORDER OF THE TRIBUNAL
After careful consideration of the submission made the Tribunal orders:
- The Hearing of the appeal by Joe Comazzolo and April Comazzolo, Welland, Ontario under Section 5 of the Drainage Act is adjourned to December6, 2006. The hearing will be continued if necessary on December 7, 2006.
Dated at Guelph, this 28th day if September, 2006.