Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West Guelph, (Ontario) N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: appeals.tribunal.omafra@ontario.ca
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West 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: Eden Grove Municipal Drain Township of Leeds and the Thousand Islands Eden Grove Municipal Drain (RE) [Request for Review] 2006 ONAFRAAT 38
STATUTE: Drainage Act
HEARING:
DATE OF DECISION: December 20, 2006 2006-38
NEUTRAL CITATION: 2006 ONAFRAAT 38
IN THE MATTER OF THE DRAINAGE ACT R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF: A request that the Agriculture, Food and Rural Affairs Appeal Tribunal review its decision dated July 5, 2006 on appeals by Geoff Bradley, Christine Bradley, Marjorie Tiemersma and Louise Tiemersma under Subsection 54(1) of the Drainage Act from the decision of the Court of Revision, by Mac Donnelly and Robert Carey under Subsection 48(1)(b) of the Drainage Act from the engineer’s report and by Paul Garrah under Subsections 48(1)(b) and 48(1)(c) of the Drainage Act from the engineer’s report on the Eden Grove Municipal Drain in the Township of Leeds and the Thousand Islands.
Before: Gene Trotman, Vice Chair; Jack Young, Vice Chair, Ron Gelderland, Member
DECISION OF THE TRIBUNAL
The Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal) originally heard this matter on Thursday, May 11, 2006 and Friday, May 12, 2006 and issued its decision on July 5, 2006.
Subsequently, the Tribunal was asked to review that decision.
This panel of the Tribunal was directed to reconsider item 5 of its order contained within its decision dated July 5, 2006 by which it ordered that:
“The Municipality’s costs to date shall be assessed as follows: Marjorie & Louise Tiemersma (Roll #’s 03502100 & 03502600) - $2,500.00 Geoff & Christine Bradley (Roll # 03501900) - $1,000.00 The balance shall be paid by general funds of the Municipality.”
The following submissions were received and considered by the panel in conducting this review:
- Submission on behalf of Geoff Bradley, Christine Bradley, Marjorie Tiemersma and Louise Tiemersma made by Donald R. Good dated October 30, 2006
- Submission by Robert Carey date stamped October 30, 2006 at the offices of the Township of Leeds and the Thousand Islands
- Reply submission on behalf of Geoff Bradley, Christine Bradley, Marjorie Tiemersma and Louise Tiemersma made by Donald R. Good dated November 17, 2006
The Findings
The Tribunal has reviewed the submissions of Mr. Good and Mr. Carey and while the Tribunal is of the opinion that the rationale in the original decision on assessments is sound, it is prepared to reduce the assessments to Geoff Bradley, Christine Bradley, Marjorie Tiemersma and Louise Tiemersma on the grounds that:
- Mr. Good has submitted that the petitioners (Geoff Bradley, Christine Bradley, Marjorie Tiemersma and Louise Tiemersma) did not appeal from the engineer’s report on the Eden Grove Municipal Drain on the advice of the Municipality; and
- Ultimately the engineer responsible for the engineers report was chosen by the Municipality.
ORDER OF THE TRIBUNAL
After careful consideration of the evidence filed and the submissions made the Tribunal orders:
Item 5 of the Tribunal Order dated July 5, 2006 is hereby revoked in its entirety and the following item 5 is substituted therefor:
“The Municipality’s costs to date shall be assessed as follows: (a) Marjorie & Louise Tiemersma (Roll #’s 03502100 & 03502600) - $1,2500.00; and (b) Geoff & Christine Bradley (Roll # 03501900) - $500.00 The balance shall be paid by general funds of the Municipality.”
Dated at Guelph, Ontario this 20th day of December, 2006.