Agriculture, Food and Rural Affairs Appeal Tribunal
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales
1 Stone Road West, 2nd Floor NW Guelph, Ontario N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca
1 Stone Road West, 2e étage NW Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL: Paul C. Bowerman, Charles J. Doyle Vs The Township of Tehkummah
SMELTZER DRAIN [Motion Decision]
STATUTE: Drainage Act
HEARING: March 07, 2022
DATE OF DECISION: March 08, 2022
004Smeltzer20
NEUTRAL CITATION: 2022 ONAFRAAT 14
FILE NO.: 004Smeltzer20 DATE: 2022/03/08
IN THE MATTER OF THE DRAINAGE ACT, R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF Appeals to the Agriculture, Food and Rural Affairs Appeal Tribunal by Charles J. Doyle and Paul C. Bowerman of Tehkummah, Ontario under Section 54 of the Drainage Act, with respect to the Smeltzer Drain 2020 in the Township of Tehkummah.
AND IN THE MATTER OF an Electronic Hearing to be held pursuant to Rule 18 of the Tribunal’s Rules of Procedure.
AND IN THE MATTER OF a motion made pursuant to Rule 30 of the Tribunal’s Rules of Procedure by Paul C. Bowerman, requesting an order for disclosure with respect to the Smeltzer Drain 2020, located in the Township of Tehkummah.
BETWEEN:
Paul C. Bowerman Charles J. Doyle Appellants
– and –
The Township of Tehkummah Respondent
Representing themselves
Represented by Joel Miller, P. Eng.
HEARD: March 7, 2022
Before: Christine Greydanus, Vice-Chair
Appearances: Paul Bowerman, Appellant Joel Miller, P. Eng., K. Smart Associates Limited, Engineer who wrote the Report Barbara Grigg, Acting Clerk for the Township of Tehkummah
Motion decision
1This motion was heard electronically by way of Zoom and telephone on March 7, 2022.
2One of the Appellants, Paul Bowerman, brought this motion seeking the disclosure of numerous documents.
3Mr. Bowerman presented the list of documents he wanted disclosed. The Tribunal finds that not all of the documents requested by the Appellant are relevant to the Appeal.
4The Respondent advised which of the requested documents existed and committed to delivering the documents to the Appellant on a timeline as agreed to by the Parties.
ORDER OF THE TRIBUNAL
5Therefore, the Tribunal Orders that the Respondent, Township of Tehkummah, shall provide to the Appellant, Paul Bowerman, the following documents on or before March 14, 2022;
The notice to the Smeltzer Drain Landowners dated August 2, 2018 for the August 13, 2018 site meeting and the list of landowners the notice was sent to.
A copy of all the Tehkummuh Council motions between July 11, 2017 and May 31, 2018.
Assistance as necessary to obtain from the municipality’s website all the Tehkummuh Council motions from June 1, 2018 – February 14, 2020.
The sign-in attendance sheet for January 15, 2019 Sideroad 10 Petition Drain, Smeltzer Drain information meeting at the Tehkummuh Community Hall.
The notes and sign-in sheet from the K. Smart meeting held on September 13, 2017 for the Smeltzer Drain and subsequently used in the discussions on the Smeltzer Drain at the Tehkummuh Council meetings in January and February 2020.
A copy of the Notice of the April 3, 2018 Information Meeting for the Smeltzer Drain and the watershed plan provided at the meeting.
A copy of the watershed plan and the clerk’s meeting notes from the August 8, 2017 Smeltzer Drain on-site meeting.
The areal map of the Smeltzer Drain used by the Engineer at the On-site Meeting with Mr. Bowerman on May 31, 2021.
Sign-in documents from all the information meetings and on-site meeting held for the Smeltzer Drain 2020 project.
Dated at Petrolia, Ontario this 8th day of March, 2022.
Released: March 8, 2022