ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
Bosanquet (Town) v. Eizenga et al
1998 ONDR 3
DATE OF DECISION:
1998-09-03
1998-03
STATUTE:
Drainage Act
HEARING:
BETWEEN:
THE CORPORATION OF THE TOWN OF BOSANQUET
APPELLANT
-AND-
ERIE EIZENGA, DAVID EIZENGA, DUNCAN STANTON, BASIL DOLMAGE, FRED BUCHANAN, DONNA BUCHANAN, R. ADAM DOLMAGE, MARK FRALEIGH, JOHN C. LESTER, WILLIAM CAMPBELL, JOYCE CAMPBELL, DON WOODLAND, NAN SUE WOODLAND, HOWARD LESTER, KEITH LEWIS, DOUGLAS JOHNSON, BARBARA DOLMAGE, JOE VANDENBERG, LESTEROSA SWINE-DAN LESTER, DON EVANS, BARB EVANS, RICHARD POPE, BRENDA SEATON, PETE SEATON, E. ANNE EDWARDS, ROBERT BRYANT AND KATHLEEN BURKE AND ALL OTHERS ASSESSED OWNERS ON THE COULTIS DRAIN
RESPONDENTS
O R D E R
Upon hearing evidence produced at Hearings on March 31, 1998, September 1 and 2, 1998 and upon hearing the submissions of Counsel for the Appellant and the Respondents and the Agent for the Respondent Cottage Owners at Glendale Beach, J. A. McBride, P. Eng. regarding the proposed work on the Coultis Drain, the Referee being of the opinion that the major obstacle to the proposed work is the costs of the project:
The Referee orders that a new report be prepared by William Veitch of M.I.G. Engineering Ltd., Consulting Engineers, in full consultation with Will Bartlett, P. Eng. and J. A. McBride, P. Eng.
The Referee orders that in light of the reduced costs intended by the new report there shall be recognition by the affected owners, particularly those owners in the area affected by the new report that there will be greater risk in the future.
The Referee orders that the works to be recommended in the report to be prepared under the terms of this Order shall be at a cost no greater than $200,000.00.
The Referee orders that such report shall be completed by the 15th day of November, 1998 with the report to be circulated between the parties to the Hearing through their respective counsel and agent.
The Referee orders that the balance of this Motion be adjourned to December 14 and 15, 1998 at which Hearing the Referee shall review all matters, including costs to date. The costs to date are to be kept separate in the report of the Engineer William Veitch, in consultation with the Engineers, Will Bartlett and J. A. McBride with such cost including the costs of the consulation by the said Engineers, Will Bartlett and J. A. McBride shown separately.
The Referee further orders that the costs of prior and subsequent proceedings, both legal and engineering, arising prior and after the construction of the works, shall be determined at the Hearing to be held on December 14 and 15, 1998.
Order signed this 3rd day of September, 1998
DELBERT A. O’BRIEN, Q.C.
Ontario Drainage Referee