Ontario Superior Court of Justice
In the Court of the Drainage Referee
Fisher v. Montague (Township)
1981 ONDR 3
Date of Decision: 1981-10-22
File No.: 1981-3
Statute: Drainage Act
Hearing:
Between:
Herbert L. Fisher, Applicant
-and-
The Corporation of the Township of Montague and The Corporation of the Township of North Elmsley, Respondents
Minutes of Settlement
Subject to the approval of this Honourable Court, the Parties hereto agree to settle this action as follows:
The Respondent Corporation of the Township of North Elmsley shall repair the Condie-Campbell Branch of the Ford Municipal Drain from Stations 25 to 70, more or less, in accordance with the report of Todgham and Case Associates dated the 30th day of July 1980, subject to the following conditions:
(a) The work shall be carried out under the supervision of the Drainage Superintendent of the said Township, A.J. Robinson & Associates Inc., Consulting Engineers, Kanata, Ontario;
(b) The fees for such supervision are estimated to be between $600.00 to $700.00, based on a normal job;
(c) The cost of the excavation of the said Drain shall be as per the quotation of G. Laming Construction, Smiths Falls, which specified a rate per lineal foot of drain, excavated of $.50 and a total cost of the excavation of $2,250.00. This price is applicable to excavation only. If the work by said G. Laming Construction is found to be unsatisfactory by the Drainage Superintendent or should the said G. Laming Construction fail to honour the said contract, then a new contract price shall be negotiated by the parties;
(d) The spoil from the excavation across the lands of the Applicant shall be spread by him satisfactory to allow for an application for a Provincial Grant for repair. The remaining spoil from stations approximately 55 to 70 shall be spread at the direction of the Drainage Superintendent;
(e) The costs of this repair shall be assessed against the benefiting lands in accordance with the original by-law.
The Respondent Corporation of the Township of North Elmsley shall pay to the Applicant the sum of $4,500.00 for damages for non repair of the said Drain and for costs.
The Applicant shall pay, without past due interest, the original assessments for construction of the Ford Municipal Drain against his lands to the extent that all other lands are similarly assessed, have, as of the date thereof, paid their own such assessments.
DATED at Perth this 22nd day of October, 1981