Bedard v. Cliftondale Construction Co., 1994 ONDR 1

Ontario Superior Court of Justice - In the Court of the Drainage Referee

Bedard v. Cliftondale at al (Township)
1994 ONDR 1

DATE OF DECISION: 1994-08-04
FILE NO.: 1994-1
STATUTE: Drainage Act

HEARING:

BETWEEN:

DONALD BEDARD
PLAINTIFF

AND

CLIFOTONDALE CONSTRUCTION CO., MICHEL ST-JEAN
AND DESJARDINS LASCELLES ENGINEERING LIMITED
DEFENDANTS

ORDER

Upon hearing counsel of the plaintiff and the defendants and upon reading the minutes of settlement filed;

1. THE REFEREE ORDERS that Cliftondale Construction Co. (hereinafter referred to as Cliftondale) will move a minimum of 180 cubic yards of good quality top soil from the area as piled at the M.T.D. site, free of any boulders greater than four (4) inches in diameter with insured trucks. Proof of insurance is to be provided to Donald Bedard before commencing the work.

2. THE REFEREE FURTHER ORDERS that Donald Bedard shall supervise the work and that Alan MacKinnon shall send a representative from his office to assist with the supervision.

3. THE REFEREE FURTHER ORDERS that the work shall be completed on or before November 30, 1994 weather permitting and Cliftondale shall advise Donald Bedard two (2) days before commencing the work.

4. THE REFEREE FURTHER ORDERS that the above-described topsoil shall be spread a minimum of eight (8) inches deep and shall be in the area specified by Donald Bedard and shall follow the contours of the land.

5. THE REFEREE FURTHER ORDERS that Desjardins Lascelles Engineering Ltd. shall pay the sum of $1.000.00 to Donald Bedard within thirty (30) days.

6. THE REFEREE FURTHER ORDERS that Cliftondale shall pay the sum of $500.00 to Donald Bedard within thirty (30) days.

7. THIS COURT FURTHER ORDERS that the action and crossclaims shall otherwise be dismissed without costs.

Signed O'Brien