ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
Holliday v. Essex (Town) 2001 ONDR 2
DATE OF DECISION: 2001-12-10
2001-02
STATUTE: Drainage Act
HEARING:
BETWEEN:
SHAWN HOLLIDAY APPELLANT
-AND-
THE CORPORATION OF THE TOWN OF ESSEX RESPONDENT
ORDER
WHEREAS by an Order of the Honourable Justice Kennedy of the Ontario Superior Court of Justice dated Thursday, the 8th day of March, 2001, the above described matter was transferred to the Ontario Drainage Referee;
AND WHEREAS Counsel for the Appellant and Counsel for the Respondent have reached an agreement with respect to a settlement of this matter.
UPON hearing the consent of the solicitors for both the Appellant and the Respondent:
THIS COURT ORDERS that the Respondent shall pay to the Appellant the sum of $7,500.00 as damages in the above described matter in accordance with Section 118 (1) of the Drainage Act, R.S.O. 1990, Chapter D.17. The damages shall be levied upon the lands and roads assessed in any way for the said William Cornwall Drainage Works and the same may be assessed, levied and collected in the same manner as rates assessed, levied and collected for maintenance under the said Drainage Act.
The costs of the application incurred by the Respondent shall form part of the costs of the drainage works as set out pursuant to Section 73 (1) of the Drainage Act, R.S.O. 1990, Chapter D.17.
DATED this 10th day of December 2001.
Delbert A. O’Brien Ontario Drainage Referee