ODR 2009

The appellant appealed an engineer's report under the Drainage Act.

The parties subsequently entered into a settlement agreement.

On motion, the Drainage Referee ordered that the appeal be withdrawn, the provisional by-law and engineering report be amended to reflect the settlement agreement, and the provisional by-law be confirmed as amended.

No costs were awarded, and the engineer's costs were ordered to be paid by the municipality.

The Grand River Conservation Authority brought a motion requesting an environmental appraisal under s. 6(1) of the Drainage Act for the West Luther Drain 63.

The motion was brought while an appeal under s. 49 was held in abeyance at the Agriculture, Food and Rural Affairs Appeal Tribunal.

The Drainage Referee granted the motion, ordering the environmental appraisal and setting timelines for the exchange of documents and draft terms of reference.

The Referee found that proceeding without the appraisal would be an abuse of process given the intended change in land use from agricultural to industrial extractive/quarry.

The parties reached a settlement regarding an appeal of a provisional by-law for the Bachner Drain 1998 Extension.

Pursuant to the minutes of settlement, the provisional by-law was set aside, the appellants' petition was withdrawn, and the appeal was dismissed without costs.

The municipality agreed to bear the engineering costs and complete specific drainage works on the appellants' lands.

The Municipality of Bluewater brought a motion for directions regarding the proposed Ausable River Municipal Drain.

Following the withdrawal of several petitioners, the Referee determined that the third petition for the drain was no longer valid.

The Referee then apportioned the substantial costs incurred over the 10-year history of the failed project.

Costs for the first two petitions were assessed against the petitioners and the withdrawing municipality.

Costs related to environmental and cost-benefit studies were assessed against the Ausable Bayfield Conservation Authority, which had requested them.

The remaining costs were divided equally among the petitioners, the Municipality of Bluewater, and the Municipality of South Huron.