Agriculture, Food and Rural Affairs Appeal Tribunal

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales

1 Stone Road West, 2^nd^ Floor NW Guelph, Ontario N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca

1 Stone Road West, 2^e^ étage NW Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: AFRAAT@ontario.ca

APPEAL: Cahill Drain (RE) City of Windsor

STATUTE: Drainage Act

HEARING: October 5, 2020

DATE OF DECISION: October 5, 2020

FILE NO.: 001Cahill20

NEUTRAL CITATION: 2020 ONAFRAAT 12

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 Gregory and Daphne Law of Windsor, Ontario, under Section 54 of the Drainage Act, with respect to the Cahill Drain in the City of Windsor,

BETWEEN:

Gregory and Daphne Law Appellants

– and –

The City of Windsor Respondent

Represented by Daphne Law

Represented by Andrew Dowie, Drainage Superintendent

Before: Brandi Neil, Vice-Chair; Andrew McBride, Vice-Chair; David Fawcett, Member

ORDER OF THE TRIBUNAL

1The Tribunal confirms that the appeal by Gregory and Daphne Law was withdrawn shortly after the commencement of the hearing on September 30, 2020.

2The appeal proceedings had commenced and the evidence of the Municipality’s first witness, drainage engineer Gerard Rood, had concluded. During the course of Mr. Rood’s evidence, there was mention of a Decision of the Municipal Council, from April of 27, 2020, to give property owners a 20-year payment option for Drainage Act assessments. This evidence was not admitted for the truth of its content but rather for contextual purposes and no documents were filed as exhibits. At the conclusion of the Municipality’s evidence, the Appellant, Daphne Law, acting on behalf of herself and her husband (joint property owner) Gregory Law, indicated she had not been advised of this April 27, 2020 decision of Council, nor had she received any documentation indicating such, and she would now like to withdraw her appeal.

3The Tribunal suggested a short recess for Mrs. Law to confer with Mr. Law and asked the Municipality’s representative Andrew Dowie, to provide some documentation to the Appellants regarding Council’s decision.

4After the recess, Daphne Law indicated the Municipality had shared information and documentation with her over the recess and confirmed that she and Gregory Law wished to withdraw their appeal. The Tribunal confirmed that she understood this was final and meant withdrawing all aspects of the appeal. Daphne Law indicated she understood. The appeal was then withdrawn by the Appellants and the hearing was concluded.