Township of South-West Oxford v. Town of Tillsonburg, 2024 ONAFRAAT 8

Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West, 2^nd Floor NW

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West, 2^e étage NW

Guelph, Ontario N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca

Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: AFRAAT@ontario.ca

AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL

APPEAL:

Koteles Drain (RE) Township of South-West Oxford v Town of Tillsonburg

Koteles Drain (RE) 2024 ONAFRAAT 08

STATUTE:

Drainage Act,

HEARING:

March 18, 2024

DATE OF DECISION:

March 18, 2024

003Koteles24

NEUTRAL CITATION:

2024 ONAFRAAT 08

IN THE MATTER OF THE DRAINAGE ACT, R.S.O. 1990, CHAPTER D.17, AS AMENDED.

AND IN THE MATTER OF an application to the Agriculture, Food and Rural Affairs Appeal Tribunal by the Township of South-West Oxford under Section 76 of the Drainage Act, with respect to the Koteles Drain in the Township of South-West Oxford and the Town of Tillsonburg.

BETWEEN:

Township of South-West Oxford Applicant

– and –

Town of Tillsonburg Respondent

Self-Represented

Self-Represented

Before: Glenn C. Walker, Chair

DECISION OF THE TRIBUNAL

BACKGROUND

1. The Township of Southwest-Oxford has applied to the Tribunal pursuant to subsection 76(1) of the Drainage Act, R.S.O. 1990, c. D.17 for permission to procure a report of an engineer to vary the assessment for the Koteles Drain.

2. The total watershed of the Koteles Drain covers about 65.5 acres in the Township of Southwest-Oxford with about 7 acres falling within the municipal boundary of the Town of Tillsonburg.

3. The Township of Southwest-Oxford and the Town of Tillsonburg have consented in writing to the application and have consented to have the application heard by a panel of one member.

4. The parties state that the maintenance schedule for the drain should be updated because there is no separate assessment schedule for Branch “A” of the drain and that an updated assessment schedule is needed for future maintenance.

CONCLUSION AND ORDER

5. I am satisfied that a new assessment schedule should be prepared.

6. Permission is granted to procure a report from an engineer to vary the assessment.

Dated at Chatham this 18^th day of March, 2024.

Released: March 18, 2024