Superior Court of Justice – In the Court of the Drainage Referee
Date of Decision: 1983-01-20 Citation: 1983 ONDR 3 Statute: Drainage Act
Between: William H. Hardy, J. Alan Fawcett, Roy Holmes, Jack Gannon, John Van Grunsven, Russell S. Suffel, Bert McCooeye, Con Pemberton, Dale Pemberton, Eldon Turner, Grahame Hardy and William Armstrong Appellants
-and-
The Corporation of the Township of Mountain Respondent
Minutes of Settlement
WHEREAS for the purpose of a resolution of the question of the repair or improvement of the Mullen Municipal Drain it was considered expedient that the parties compromise;
AND WHEREAS the parties, through the engineers appointed by both and their solicitors, have come to an agreement on a compromise resolution regarding the repair or improvement of the Mullen Municipal Drain;
AND WHEREAS with this compromise the parties hereby intend to resolve all issues in dispute in this proceeding;
NOW THEREFORE in consideration of the premises and the mutual promises herein set out;
All references herein are to the revised report of A.J. GRAHAM ENGINEERING CONSULTANTS LTD., dated August 14, 1978, with regard to the Mullen Municipal Drain in the Township of Mountain and, in particular, Annex E to said report.
From the outset, Station 00+00 to Station 76+00, the work is to be pursuant to the said report of A.J. GRAHAM ENGINEERING CONSULTANTS LTD.
From Station 76+00 to Station 92+00, excavation of the said drain is to provide a gradual ditch bottom elevation from 227.10 at Station 76+00 to 229.0 at Station 92+00.
From Station 84+23 to Station 152+65, the ditch bottom is to be deepened to the design grade as per the said report and the preceding paragraph but a side slope of 1 1/4 to 1 is to be maintained throughout and the width of the ditch measured at the 1968 grade line shall not exceed four feet.
From Station 152+65 to Station 167+93 of the main drain and the Guy Branch are to be constructed according to the said report.
There is to be no change in the relative assessments of land owners for the work as now proposed from the said report of A.J. GRAHAM ENGINEERING LTD., except that allowances are revised and are now to be granted pursuant to the attached Schedule "A". It is agreed that there shall be no appeals from the assessments or allowances as revised and now agreed to.
Any maintenance of that section of the drain, as constructed pursuant to this settlement, through the lands of MR. W.H. HARDY from Station 84+23 to Station 136+22 required within a period of three years from the date hereof, shall be at the sole cost of the said MR. W.H. HARDY, subject to the right of Mr. Hardy to complain about the quality of work to be carried out pursuant to this Agreement.
The parties are to bear their own costs.
This settlement is conditional upon the Defendant TOWNSHIP OF MOUNTAIN receiving, by the 31st of March, 1983, written confirmation of a commitment from the Province of Ontario and the Eastern Ontario Subsidiary Agreement for the provision of a two-thirds grant for the costs of the work as now proposed herein, equivalent to that commitment now held by the said Township to March, 1984. The aforesaid time limitation may be extended upon written agreement of the parties.
DATED at Ottawa this 20th day of January, 1983.