Court File and Parties
COURT FILE NO.: 746/03
DATE: 20040206
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MACFARLAND, CRANE AND C. CAMPBELL JJ.
B E T W E E N:
THE CORPORATION OF THE CITY OF KAWARTHA LAKES
Respondent (Appellant)
- and -
DR. SUSAN TERRILL, GORDON DURWARD, JANE DURWARD, BETTY BROWER and JOHN BROWER
Applicants (Respondents in Appeal)
Valerie M’Garry, for the Appellant
Raymond G. Colautti and Anita Chatterjee, for the Respondents
HEARD: February 6, 2004
Oral Reasons for Judgment
macfarland J.: (Orally)
[1] The narrow issue before us on this appeal is whether the referee’s correcting decision of 9th August, 2002, should be set aside and his original decision of April 26, 2002, confirmed.
[2] In our view, there was sufficient confusion at the time these matters were heard to justify the correcting decision as it has been labelled.
[3] The respondents on this appeal were not heard nor was evidence lead on their behalf. Whether their motion under s.47 is appropriate or not, whether it is out of time or indeed whether the referee has jurisdiction, are in our view matters for the referee to determine.
[4] As the referee noted in his decision:
“It was the Referee’s understanding at the commencement of the Hearing that only a single issue would be dealt with, namely the jurisdiction of the Referee to hear appeals from the Ontario Drainage Tribunal with respect to Section 48 and Section 54 Appeals. There was no formal written agreement with respect to the issues that would be before the Referee, rather matters had proceeded in formally by correspondence between Counsel for the Parties.”
[5] In all of the circumstances we are of the view that the correcting decision must stand and the appeal is dismissed.
[6] The endorsement will read for both the appeal books: “For reasons given, the appeal is dismissed, no costs.”
MACFARLAND J.
CRANE J.
C. CAMPBELL J.
Date of Reasons for Judgment: February 6, 2004
Date of Release: February 25, 2004
COURT FILE NO.: 746/03
DATE: 20040206
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MACFARLAND, CRANE AND
C. CAMPBELL JJ.
B E T W E E N:
THE CORPORATION OF THE CITY OF KAWARTHA LAKES
Respondent (Appellant)
- and -
DR. SUSAN TERRILL, GORDON DURWARD, JANE DURWARD, BETTY BROWER and JOHN BROWER
Applicants (Respondents in Appeal)
ORAL REASONS FOR JUDGMENT
MACFARLAND J.
Date of Reasons for Judgment: February 6, 2004
Date of Release: February 25, 2004