ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
NOTL Motion 2001 ONDR 3
DATE OF DECISION: 2001-12-31
2001-03
STATUTE: Drainage Act
HEARING: BETWEEN:
IN THE MATTER OF A MOTION BY THE TOWN OF NIAGARA-ON-THE-LAKE IN THE REGIONAL MUNICIPALITY OF NIAGARA REGARDING THE THOMPSON MUNICIPAL DRAIN UNDER THE DRAINAGE ACT, R.S.O. 1990
ORDER
THIS MOTION made by the Town of Niagara-On-The-Lake for an amendment to By-Law No. 1902-88 made without notice heard this day at Pembroke, Ontario .
ON READING the Affidavit files made by J. Bryon Wiebe, P. Eng., together with the material attached thereto no one appearing.
THIS COURT ORDERS that the time required for service of Notice of this Motion be hereby abridged.
THIS COURT FURTHER ORDERS that Drainage Report dated February 12, 1988, being Exhibit "A" to the Affidavit of J. Bryon Wiebe, P. Eng., the Appointed Drainage Engineer (together with By-Law No. 1902-88 passed the 12th day of September, 1988 by the Council of the Town of Niagara-on-the-Lake) be amended on an interim basis as set forth in the Letter Report of Wiebe Engineering Group Inc. dated April 6, 2001 attached hereto as Schedule "A" to this Order. The said Interim Amendment to become permanent unless rescinded or amended in accordance with proceedings hereinafter referred to.
IT IS FURTHER ORDERED that all assessed owners or parties grated allowances with respect to this drain be served with this Notice together with the Affidavit of J. Bryon Wiebe, P. Eng., Drainage Engineer notifying them that if they wish to make representations to the Referee regarding the amendments requested, they may do so by filing an Affidavit with the Ontario Drainage Referee at 284 Pembroke Street East, Pembroke, Ontario, K8A 6X7 within 20 days of the service, which service shall be by registered mail. If any party so served requests a public hearing, the Referee will determine whether, in the circumstances, such a hearing is deemed necessary. In the event that no Affidavits or requests for a hearing are filed, or if after the same are received and considered by the Referee, and the Referee determines that a hearing is not necessary, the aforesaid Order shall continue and be permanent without any further notification to any party. If, however, the Referee determines that a public hearing is required he will advise of the time and place and all parties will be notified.
Delbert A. O'Brien Q.C. Ontario Drainage Referee