ONTARIO SUPERIOR COURT OF JUSTICE IN THE COURT OF THE DRAINAGE REFEREE
Allen v. Tay Valley (Township) 2014 ONDR 2
DATE OF DECISION: 2014-03-06 FILE NO.: 2014-02 STATUTE: Drainage Act
BETWEEN:
KEN ALLAN Applicant
-and-
JIM CONNELL, GREG SMITH, LIONE WAITE, THE CORPORATION OF TAY VALLEY TOWNSHIP and JIM RICHARDSON, DIRECTOR, MINISTRY OF AGRICULTURE AND FOOD, ON BEHALF OF HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO Respondents
P R O C E D U R A L O R D E R
THIS Motion made by the Applicant was heard this Tuesday the 18th of February, 2014.
On reading the Notice of Motion the Application the Motion of the Corporation of the Township of Tay Valley, its Application Record, Factum and Authorities, and upon hearing from Counsel present and unrepresented parties:
THIS COURT ORDERS AS FOLLOWS:
The Corporation of the Township of Tay Valley “Township” is hereby ordered to produce all documents within its possession and control and those which it may be able to obtain on the drainage works known as the “Robert Allan Ditch” an award drain.
The Township is to provide its undertaking to produce at the trial of this matter the Engineer, Todd Perry to provide expert evidence on his knowledge of the failed petition on the Allan/Connell Municipal Drain, February 2002 and related matters, the area requiring drainage, the state of repair of the “Robert Allan Ditch” award drain and related matters.
The Corporation of the Township of Tay Valley shall be removed as a party to this action. Jim Richardson, Director, Ontario Ministry of Agriculture and Food on behalf of Her Majesty the Queen in Right of Ontario shall also be removed as a party to this action.
Todd Perry will be allowed access to the property of the remaining parties to this action. His costs to be in the event of the cause.
Statement of Claim to be served by the Applicant reasonably forthwith.
Statements of Defence to be served thereafter in a reasonably forthwith fashion.
Trial of this Application and the Statement of Claim for damages is to be joined and heard together.
Service of reports to be used at trial shall be delivered 90 days before trial, including any updated reports or observations of Todd Perry P.Eng.
Responding reports to be severed 60 days before trial.
Examinations for Discovery can be scheduled 60 days after close of pleadings.
That liability, declaratory relief and damages are to be determined at trial.
Upon close of the period for examinations for discovery, the plaintiff may reasonably forthwith set this matter down for trial.
Service of documents shall be by fax to represented parties and by regular mail to unrepresented parties.
Dated at Strathroy, Ontario, this 6th day of March, 2014.
ONTARIO DRAINAGE REFEREE ROBERT G. WATERS