Ontario Superior Court of Justice – In the Court of the Drainage Referee
Vergeer v. West Elgin (Municipality) 1998 ONDR 11
1998-11
Statute: Drainage Act
Hearing:
Between:
JOHN VERGEER AND JOANNE VERGEER
APPELLANTS
-AND-
THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
RESPONDENT
ORDER
THIS MOTION made by the Municipality of West Elgin for an Order dismissing the appeal of John Vergeer and Joanne Vergeer of a decision made by the Ontario Drainage Tribunal on October 21, 1996 concerning the Trudell Drain #2 was heard on August 14, 1998 at Windsor, Ontario, on the consent of the parties.
ON READING the affidavit of Joanne Groch, sworn July 3 l998 and on hearing the submissions of Counsel for the Municipality of West Elgin and of John Vergeer and Joanne Vergeer, appearing in person,
THIS COURT ORDERS that the Appeal of John Vergeer and Joanne Vergeer of a decision of the Ontario Drainage Tribunal dated October 21, l996 concerning the Trudell Drain #2 in the former Township of Aldborough is hereby dismissed insofar as the appeal concerned matters governed by the Drainage Act, R.S.O. 1990, c. D 17, s. 64.
THIS COURT ORDERS that the Municipality of West Elgin is authorized to complete the work that the Ontario Drainage Tribunal's decision of October 21, l996 specified. That work is to be completed forthwith.
John Vergeer and Joanne Vergeer are to provide access through their lands as ordered by the Tribunal. The route from the area near the buildings to the back lanes along the south limit shall be as agreed by the parties or, failing agreement, along the edge of the runway.
THIS COURT ORDERS that the relief sought by the Respondent, being matters governed by Sections other than Section 64 of the said Act is adjourned sine die, returnable at a date, time and place appointed by the Ontario Drainage Referee.
THIS COURT ORDERS that the issue of costs of this proceeding shall be addressed by the parties after the determination of the foregoing matters.
Delbert A. O'Brien Q.C.
Ontario Drainage Referee