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:appeals.tribunal@omaf.gov.on.ca
Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email: appeals.tribunal@omaf.gov.on.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Dykeman Pumping Works Drain
Municipality of Chatham-Kent
Dykeman Pumping Works Drain (RE) – Request For Adjournment 2006 ONAFRAAT 06
STATUTE:
Drainage Act
HEARING:
March 16, 2006
DATE OF DECISION:
March 21, 2006
2006-06
NEUTRAL CITATION:
2006 ONAFRAAT 06
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 Tony Dobbelaar, Lloyd DeBot, Arthur Seys and Albert DeBot, all of Wallaceburg, Ontario and by Robert Stewart, Port Lambton, Ontario under Section 54 from a decision of the Court of Revision and under Subsection 48 (1) (b) of the Drainage Act from the Engineer’s Report on the Dykeman Pumping Works Drain in the Municipality of Chatham-Kent.
AND IN THE MATTER OF: A request for an adjournment of the hearing by the Agriculture, Food and Rural Affairs Appeal Tribunal scheduled to commence on Friday, March 31, 2006 commencing at 9:30 a.m. in this matter by Scott Kilbride and Keith Kilbride, Wallaceburg, Ontario.
Before: Rod Stork, Chair
INTERLOCUTORY DECISION OF THE TRIBUNAL
This written request for adjournment was received by the Agriculture, Food and Rural Affairs Appeal Tribunal on March 15, 2006 and considered on March 16, 2006. Messrs. Scott Kilbride and Keith Kilbride asked the Tribunal to adjourn a hearing of an appeal by landowners assessed in a drainage scheme to which they were also assessed.
Statutory Context
Subsection 51(2) of the Drainage Act states:
Notice
51 (2) The clerk of the Tribunal shall give ten days notice to an appellant of the time and place of the hearing of the appeal by the Tribunal. R.S.O. 1990, c. D.17, s. 54 (2).
The Background
Messrs. Tony Dobbelaar, Lloyd DeBot, Arthur Seys, Albert DeBot and Robert Stewart appealed to the Agriculture, Food and Rural Affairs Appeal Tribunal from the decision of the Court of Revision and the engineer’s report on the Dykeman Pumping Works Drain in the Municipality of Chatham-Kent. The appeal was received by the Tribunal on March 8, 2006 and a Notice of Hearing was prepared on March 10, 2006 establishing a hearing date of March 31, 2006.
Messrs. Scott Kilbride and Keith Kilbride sought an adjournment of the hearing on the grounds that:
- They are attending a conference in Toronto the entire last week of March and their preparation time for the hearing was therefore severely reduced.
- They had requested the hearing not be scheduled in the last week of March
- They awaited information from the Township of Chatham-Kent and the municipality needed time to deliver it to them.
Messrs. Scott Kilbride and Keith Kilbride indicated that they had been accommodating in this matter and asked for more time in order to properly prepare to address the issues at hand.
Ms. Alice Drewery, Drainage Superintendent, Chatham-Kent provided the following information:
- Messrs. Scott Kilbride and Keith Kilbride own approximately 116 acres of the 160 acres assessed to the Kilbride Pumping Works and are assessed $6,775.00 under the engineer’s report for the Dykeman Pumping Works Drain. A total of $11,685.00 was assessed to lands also assessed to the Kilbride system area.
- The Court of Revision removed the Kilbride system acreage and assessment from the Dykeman Pumping Works Drain on July 27, 2005, on an appeal by Scott Kilbride.
- Mr. Scott Kilbride informed Ms Drewery on March 10, 2006 that he was not available until 10:30 a.m. on March 31, 2006; Mr. Keith Kilbride indicated he was available but did not want to appear without Mr. Scott Kilbride.
- The municipality provided information on the Dykeman Pumping Works (by-laws from 1970s forward and tax roll charges from 1991 to present) and a copy of the Kilbride by-law on March 14, 2006.
- May and early June dates conflict with the appellants’ farming schedule and the Tribunal had previously indicated that no dates were available in April.
Ms. Drewery indicated that the Municipality of Chatham-Kent would like to see the matter resolved as soon as possible.
The Findings
I have reviewed the request for adjournment of the Dykeman Pumping Works Drain scheduled for March 31, 2006.
Having reviewed the submissions from the applicants, Messrs. Kilbride, and the Municipality I would not support adjournment.
It is my understanding that all relevant material for use by Messrs. Kilbride was delivered on March 14, 2006.
Further, Messrs. Kilbride had not apparently raised objections to the March 31st date but rather the starting time had been requested to be moved to 10:30 a.m. It is the understanding that Messrs. Kilbride can be represented when the hearing begins. It is the opinion of the Tribunal that this issue has been known and there is sufficient time given to prepare for a hearing. Therefore the request for adjournment is denied.
ORDER OF THE TRIBUNAL
After careful consideration of the evidence filed and the submissions made the Tribunal orders:
- The request for an adjournment of the hearing of appeals by Messrs. Tony Dobbelaar, Lloyd DeBot, Arthur Seys, Albert DeBot and Robert Stewart scheduled to commence on March 31, 2006 at 9:30 a.m. is denied.
Dated at Guelph, Ontario this 21st day of March, 2006.