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: 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:
Lorne Muhlig (RE)
[Decision]
Town of Plympton-Wyoming (RE)
[Decision]
STATUTE:
Drainage Act, R.S.O. 1990, c. D.17
HEARING:
In writing
February 27, 2026
021McFarlane Drain2025
NEUTRAL CITATION:
2026 ONAFRAAT 04
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 Tribunal by Lorne Muhlig of Camlachie, Ontario, under Section 5(2) of the Drainage Act (“Act”) with respect to the McFarlane Drain in the Town of Plympton-Wyoming.
AND IN THE MATTER OF the possible dismissal of the appeal without a hearing pursuant to Rule 33 of the Tribunal’s Rules of Procedure
BETWEEN:
Lorne Muhlig Appellant -and- Town of Plympton-Wyoming Respondent
Self-Represented
Self-Represented
Heard: In writing
Before: Glenn C. Walker, Chair; Don McNalty, Vice-Chair and Robert Fuller, Vice-Chair
DECISION
Background
On November 27, 2025, Lorne Muhlig (“Appellant”) filed an appeal to the Tribunal on the form entitled Generic Notice of Appeal by Petitioner(s) or Property Owner(s) making the appeal pursuant to Subsection 5(2) of the Act. That portion of the appeal form states that the appeal may be made by a petitioner from the decision of council not to proceed with the drainage works petitioned.
The appeal is made in connection with the McFarlane Drain in the Village of Camlachie within the Town of Plympton-Wyoming (“Town”).
Sawmill Creek Holdings Limited made a request to the Town for drainage improvements to the McFarlane Drain on November 3, 2025 pursuant to Section 78 of the Act.
In the Staff Report to council in connection with the request the Drainage Coordinator reported as follows:
The McFarlane Drain is comprised of an open channel drain with access culverts and crossings. The drain begins in Lot 13, Concession 7, and runs North and West to Part Lot 19, Front Concession, where it outlets into Errol Creek. The drain was last improved in 1984 in a report by J.A. Monteith.
The landowner is requesting the incorporation of an existing weir structure into the Municipal Drain through the ongoing Engineer's Report. An Engineers Report was started in 2020 following a request for improvement to the McFarlane Drain, which is still ongoing and nearing completion.
On November 12, 2025, council decided not to proceed with the request.
After considering the appeal, the Tribunal issued a Notice of Possible Dismissal under Rule 33 of the Tribunal’s Rules of Procedure. This Notice was subsequently amended.
Rule 33.01 provides that:
The Tribunal may dismiss an appeal without a hearing on its own motion, if, in the Tribunal’s opinion,
a) the proceeding is frivolous, vexatious or is commenced in bad faith;
b) the proceeding relates to matters that are outside the jurisdiction of the Tribunal; or
c) some aspect of the statutory requirements for bringing the proceeding has not been met.
- The Amended Notice of Possible Dismissal, dated December 19, 2025, requested submissions from the Appellant and the Town based on the following grounds:
The Appeal relates to a Notice of Request for Drain Major Improvement made under Section 78 of the Act, from Sawmill Creek Holdings Limited regarding the McFarlane Drain.
The Request was denied by the Town of Plympton-Wyoming on November 12, 2025. The Requestor, Sawmill Creek Holdings Limited, has not purported to appeal that decision.
Lorne Muhlig did not file a Notice of Request for Drain Major Improvement.
Subsection 78(4) of the Act provides that all proceedings, including appeals, under this section shall be the same as on a report for the construction of a drainage works.
The Tribunal is contemplating dismissing this appeal on the ground that it does not have jurisdiction as subsection 78(4) does not contemplate appeals where a report has not been prepared and as appeals under section 5 relate to filed petitions.
The parties may make written submissions to the Tribunal with respect to the proposed dismissal within 30 days of the date of this Notice
- No submissions were received from the Town. The Appellant did provide submissions; however, they did not address the specific jurisdictional issue outlined in the Amended Notice of Possible Dismissal.
Analysis
- The request for drainage works was made under Section 78 of the Act. Subsection 78(4) provides that
(4) All proceedings, including appeals, under this section shall be the same as on a report for the construction of a drainage works (emphasis by the Tribunal).
This provision does not contemplate appeals where there is no report yet. Disputes at the pre-report stages of the process are not included.
Consequently, the Tribunal has no jurisdiction to hear this appeal.
The Court of the Drainage Referee may have jurisdiction pursuant to Section 106 of the Act. The Appellant may apply to the Drainage Referee for relief. Applicants before the Court of the Drainage Referee are usually represented by legal counsel.
The Appellant may also consider petitioning for the requested drainage works together with other landowners in accordance with Section 4 of the Act.
Order
- This appeal is dismissed without a hearing as this Tribunal has no jurisdiction to hear it.
Dated at Chatham, Ontario this 27th day of February, 2026.
This document is also available in French. Please contact the Tribunal at 519-826-3433 or by email at AFRAAT@ontario.ca to request a copy in French.
Ce document est également disponible en français. Veuillez contacter le tribunal au 519 826-3433 ou par courriel à AFRAAT@ontario.ca pour demander une copie en français.