Agriculture, Food and Rural Affairs Appeal Tribunal
1Stone Road West Guelph, Ontario N1G 4Y2
Tel: (519) 826-3433, Fax: (519) 826-4232
Email: AFRAAT@ontario.ca
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West
Guelph (Ontario) N1G 4Y2
Tél.: (519) 826-3433, Téléc.: (519) 826-4232
Courriel: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Gerald & Jodi Papineau
Gisele Hutchings (RE)
[Order]
Municipality of Lakeshore (RE)
and John and Linda Fontes (RE)
[Order]
Drainage Act, R.S.O. 1990, c. D.17
DATE OF DECISION:
April 15, 2026
002Hostine25
NEUTRAL CITATION:
2026 ONAFRAAT 09
IN THE MATTER OF THE DRAINAGE ACT, R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF a Notice of Appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal (“the Tribunal”) by Gerald & Jodi Papineau and Gisele Hutchings of Woodlsee, Ontario under Sections 48, 54 and 65(11) of the Drainage Act with respect to the Hostine Drain East Branch in the Municipality of Lakeshore.
BETWEEN:
Gerald & Jodi Papineau
Gisele Hutchings
Appellants
– and –
Municipality of Lakeshore
Respondent
– and –
John and Linda Fontes
Party
Represented by Paul Courey
Represented by Scott Snider
Represented by Edwin Hooker
ORDER OF THE TRIBUNAL
Background
On April 11, 2025, a pre-hearing conference was held before the Tribunal in relation to the appeal submitted by Gerald Papineau, Jodi Papineau and Gisele Hutchings under sections 48, 54 and 65(11) of the Drainage Act (“the Act”), with respect to the Hostine Drain East Branch located in the Municipality of Lakeshore (“the Municipality”) and the report of Rood Engineering Inc. (“Rood”) dated September 12, 2024 (“the Report”).
By Order dated April 15, 2025, the appeal was scheduled to proceed by virtual hearing on September 3, 2025.
On August 29, 2025, the Tribunal was advised by counsel for all parties that a full uncontested settlement had been reached between the parties. The parties submitted a draft Order in connection with the said settlement, which draft Order contained a contingency, namely that the Appellants, Gerald Papineau, Jodi Papineau and Gisele Hutchings, file a request for the subsequent connection of their lands to the main Hostine Drain pursuant to s. 65 of the Act, and obtain approval of such connection.
On September 2, 2025, an Order was issued by the Tribunal that the appeal be adjourned until December 2, 2025, to give the Appellants, Gerald Papineau, Jodi Papineau and Gisele Hutchings, the opportunity to file a request for the subsequent connection of their lands to the main Hostine Drain pursuant to s. 65 of the Act, and to obtain approval of such connection. If the Tribunal was not provided with confirmation from counsel for all parties that the said request and approval had been filed and obtained by December 2, 2025, a hearing date was to be set to hear the appeal.
Not having received confirmation from counsel that the request and approval provided for in the Order dated September 2, 2025, had been filed and obtained, the Tribunal set a date of April 17, 2026, for a second pre-hearing conference.
On April 14, 2026, counsel for all parties advised the Tribunal that the request and approval provided for in the Order dated September 2, 2025, had been filed and obtained, and provided the Tribunal with a draft Order on consent of all parties. The Tribunal was also provided with the Hostine Drain East Branch – Addendum No. 1 to the Report dated August 29, 2025 (“the Addendum”) which includes a revised maintenance schedule of assessment and an amended watershed and key plan.
Order
The Tribunal Orders as follows:
That the Addendum be added to the Report such that the Report is amended as recommended by the Addendum, and that the maintenance schedule of assessment and watershed and key plan be amended accordingly.
That, pursuant to s. 56 of the Act, the Clerk of the Municipality give effect to the Report as amended by the Addendum and provide notice of the amended assessments to the owners affected.
That the engineering costs of Rood be paid by John and Linda Fontes up to a maximum of $14,000.00 plus harmonized sales tax and allocated to the cost of the drainage works accordingly. All other costs incurred by the Municipality with respect to this appeal shall form part of the cost of the drainage works.
That there shall be no Order as to costs and all parties shall be responsible for their own costs.
That the Appellants’ appeals are otherwise dismissed.
Dated at Richmond, Ontario this 15th day of April, 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.