Ontario Superior Court of Justice
In the Court of the Drainage Referee
Larkin v. Port Colborne (City) 2009 ONDR 5
DATE OF DECISION: 2009-03-26 2009-05
STATUTE: Drainage Act
HEARING:
BETWEEN:
PATRICIA LARKIN APPELLANT
AND
THE CORPORATION OF THE CITY OF PORT COLBORNE RESPONDENT
O R D E R
This Motion made by the Respondent for an Order, pursuant to Section 47 (1) of The Drainage Act R.S.O. 1990, c.D.17 with respect to the report of the Engineer, John Kuntze P.Eng., K. Smart Associates Ltd., dated June 25th, 2007.
On reading the Motion of the Appellant, made by her Solicitors by letter dated February 12th, 2009 and the Settlement Agreement entered into between the Appellant, Patricia Larkin and the Respondent, the Corporation of the City of Port Colborne.
THE COURT ORDERS THAT:
In accordance with paragraph 10 of such Settlement Agreement, that the appeal of Patricia Larkin of the Engineering Report of K. Smart and Associates Ltd. dated the 25th day of June, 2007 be withdrawn.
The Provisional By-law of the Corporation of the City of Port Colborne No. 5037/92/07, which by-law provisionally adopted the Engineering Report of K. Smart Associates Ltd. dated the 25th day of June, 2007 be confirmed as amended by this Order.
The Provisional By-law of the Corporation of the City of Port Colborne No. 5037/92/07 and the Engineering Report of John Kuntze P.Eng. of K. Smart Associates Ltd. be amended to reflect the Settlement Agreement between the parties dated the 10th day of December, 2008.
Any disputes relating to the implementation of the provisions of the Settlement Agreement, which is attached hereto as Schedule "A" be referred back to the Drainage Referee.
There is to be no Order as to costs of these proceedings and that any costs of the Engineer for participating herein, in accordance with Section 118 (2) and (3) shall be borne by the Municipality and payable out of the general funds thereof.
Dated at Strathroy, Ontario, this 26th day of March, 2009
ONTARIO DRAINAGE REFEREE Robert G. Waters