ODR 2005

Following a consent order resolving a dispute over drainage repairs, the Drainage Referee was asked to determine whether the Nottawasaga Valley Conservation Authority was entitled to its legal costs.

The Referee found the claimed costs were reasonable on a partial indemnity scale.

However, the Referee declined to award costs against the assessed landowners, reasoning that the Conservation Authority was acting in the interest of all citizens of Ontario, who should bear the cost of conservation measures, rather than placing the burden on a few agricultural landowners.

The applicants brought an application regarding flooding of their market garden farming area adjacent to the South Innisfil Creek Drain.

On consent of the parties, the Drainage Referee ordered the Town of Innisfil to appoint an engineer under section 78 of the Drainage Act to prepare reports for the alteration, improvement, and extension of the drain.

The order also declared certain structures as obstructions to be removed, mandated semi-annual inspections by the Town, and awarded costs to the applicants on a substantial indemnity basis.

Claims for damages were deferred to the Superior Court of Justice.

Ausable Produce Company appealed an order requiring a Section 78 drainage report regarding a dam structure it had installed in a municipal drain.

At the hearing, Ausable Produce agreed to remove the dam entirely.

The Drainage Referee rescinded the order for the Section 78 report, finding it moot.

On the issue of costs, the Referee found divided success and ordered each party to bear its own costs, with the municipality permitted to assess its costs to the drain.