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:
Tait Drain (RE) [Motion Decision] Town of Malahide
Tait Drain (RE) [Motion Decision] 2024 ONAFRAAT 09
STATUTE:
Drainage Act
HEARING:
March 27, 2024
DATE OF DECISION:
April 5, 2024
006Tait22
NEUTRAL CITATION:
2020 ONAFRAAT XX
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 Ken and Robert J. Jones and Leon and Deb Passmore of Aylmer, Ontario, and of Peter and Doris Dohner and Corey Underhill Farms Ltd. of Port Burwell, Ontario under Section 48 of the Drainage Act, with respect to the Tate Drain in the Township of Malahide.
AND IN THE MATTER OF a motion held pursuant to Rule 30 of the Tribunal’s Rules of Procedure.
AND IN THE MATTER OF Rule 33.01 of the Tribunal’s Rules of Procedure.
BETWEEN:
Peter and Doris Dohner Ken and Robert J. Jones Leon and Deb Passmore Corey Underhill Farms Ltd. Appellants
– and –
Township of Malahide Respondent
Self-Represented
Represented by Paula Lombardi
Heard: March 27, 2024
Before: Marc Huneault, Chair; John Johnston, Vice-Chair; David Fawcett, Member
Appearances: Peter and Doris Dohner, Appellants Leon and Deb Passmore, Appellants Paula Lombardi, Counsel for Township of Malahide Jason Godby, Director of Public Works, Township of Malahide Michael DeVos, Engineer, Spriet Associates Bob Lopez, Drainage Superintendent, Township of Malahide Corey Underhill Farms Ltd., Gregory Underhill Farms, Jocelyn Underhill (Owner), Appellant
Not Present: Ken and Robert J. Jones, Appellants George Vereyken, P. Eng.
MOTION DECISION
BACKGROUND
The Tribunal received an appeal, dated June 6, 2022, from Ken and Robert J. Jones (the “Jones’”) under Section 48 of the Drainage Act with respect to the Tate Drain in the Township of Malahide.
The Township of Malahide brought a motion to dismiss the appeal of the Jones’.
The Tribunal has reached out to the Jones’ several times and has scheduled several Pre-Hearing Conferences which the Jones’ have not attended.
The Tribunal delivered a Notice of Possible Dismissal to the Jones’ via registered mail and email together with a copy of the Pre-Hearing Conference Order dated February 14, 2024.
The Appellants Ken Jones and Robert J. Jones were to file responding materials to the Township of Malahide’s motion to dismiss within 30 days of the date of the Order.
The date for the hearing of the motion by the Township of Malahide was scheduled for March 27^th^, 2024, at 9:00 a.m., and was peremptory on the Appellants Ken and Robert J. Jones.
The Jones’ were not present at the motion hearing on March 27^th^, 2024.
RULE 33.01 and RULE 33.06
Rule 33.01 provides that the Tribunal may dismiss an appeal without a hearing on the basis that the appeal is frivolous, vexatious or commenced in bad faith.
Under Rule 33.06 the Tribunal may consider an appeal seemingly abandoned to be frivolous.
By way of a Notice of Possible Dismissal Under, dated February 14, 2024, the Tribunal sought written submissions from the appellant. The appellant did not provide any written submissions.
ORDER
The appeal of the appellants Ken and Robert J. Jones is dismissed.
Any party may appeal the decision of the Tribunal on a question of law to the Divisional Court of the Superior Court of Justice in accordance with its rules of practice within 15 days from the day on which the decision was served.
Released: April 5, 2024