ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
Flood v. Huron Shores
2010 ONDR 6
DATE OF DECISION:
2010-06-14
2010-06
STATUTE:
Drainage Act
HEARING:
BETWEEN:
JEFFERY FLOOD
APPELLANT
AND
THE CORPORATION OF THE MUNICIPALITY OF HURON SHORES
RESPONDENT
APPEARANCES:
Counsel for the Appellant
Michael C. Allemano
Allemano & Fitzgerald
Barristers and Solicitors
369 Queen Street East,
Sault Ste. Marie ON P6A 1Z4
Counsel for the Respondent
J. Paul R. Cassan
Wishart Law Firm LLP
390 Bay Street, Suite 500,
Sault Ste. Marie, ON P6A 1X2
Agent for Appellant
Mike Tulloch
M F Tulloch Inc.,
200 Main Street
Thessalon ON POR 1 LO
Counsel for Brian Whalen
Larry D. Peterson
Peterson & Peterson
Barristers & Solicitors
626 Wellington Street East,
Sault Ste. Marie ON P6A 2M5
ORDER
A teleconference motion was heard for directions on Tuesday June 8th, 2010. A motion was made for direction from the Referee as to the procedure to be followed pursuant to the Drainage Act 1990 R.S.O.c.Dl7.
- It is ordered that the Appellant shall forthwith file the appeal of Jeffrey Flood in the
Superior Court of Justice, Court of the Drainage Referee at the District of Algoma.
- Upon the filing of the Appeal, it is further ordered that on the consent of all parties and in accordance with Section 119 of the Drainage Act I 990 R.S.O.c.D17. that the Appeal before the Drainage Referee be transferred to the Ontario Drainage Tribunal in accordance with Section 48 (1) of the Drainage Act 1990 R.S.O.c.D17.
DATED at Thornhill, Ontario this 14th day of June 2010
Willian D. Turville
Acting Drainage Referee