The Municipality of Bluewater brought a motion for directions regarding the preliminary report for the proposed Ausable River Municipal Drain.
Shortly before the hearing, the Municipality of South Huron, which had become a petitioner by purchasing land from previous signatories, withdrew from the petition.
Bluewater and other respondents sought costs against South Huron for the late withdrawal.
The Drainage Referee found that South Huron should have notified the parties earlier of its intention to withdraw, but also found that Bluewater failed to exercise due diligence in reviewing the petition.
The Referee ordered South Huron to pay partial indemnity costs to Bluewater and respondent Len Veri, and ordered Bluewater to pay partial indemnity costs to Len Veri.