ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
B E T W E E N:
ANTHONY MELIDY and JACQUELINE TRACEY MELIDY
Applicants
- and –
HOLLAND MARSH DRAINAGE SYSTEM JOINT MUNICIPAL SERVICE BOARD
Respondent
ACTING DRAINAGE REFEREE ) ANDREW C. WRIGHT ) THURSDAY, THE 8TH DAY ) OF SEPTEMBER 20222 )
ORDER
The Court of the Drainage Referee has fixed this day for a case management video conference:
(a) to consider those who may potentially be affected by any decision of the Referee on the application and making an Order as to the giving of notice of this proceeding to such persons and the form of notice.
(b) to deal with issues related to document production requested by the applicants, and
(c) to consider such other matters as may arise;
and having heard from the self-represented applicant, Mr. Melidy, and counsel for the Service Board respondent via video conference this day, for the reasons that follow:
THIS COURT ORDERS that
The presiding Referee may vary or add to these rules at any time, either on request or as it sees fit. He may alter this Order by an oral ruling, or by another written Order.
This Order is supplementary to the March 5, 2022 Order (issued March 6, 2022), and to the May 3, 2022 Order (issued May 4, 2022), and the May 12, 2022 Order (issued May 18, 2022) and the August 11, 2022 Order (issued the same day) all of which remain in effect, as augmented by this Order, except as specifically amended by this Order; and the reasons for those previous decisions remain extant. In the event of a conflict between Orders, the more recent Order shall prevail.
For the purposes of this Order and the reasons therefor, unless the context requires a different meaning:
(a) the “2013 Delegation of Municipal Drain Authority” means the November 2013, delegation by the Town to the Service Board of
“authority for the control and management of all municipal drains within the geographic boundaries of the Township of King and the Town of Bradford West Gwillimbury, which are outside the boundary of the Holland Marsh Drainage System, whether not existing or which are created in the future”
which is the effect of the November 5, 2013 Committee of the Whole recommendation, its adoption by Council resolution on November 19, 2013 and the adoption and confirmation of same by Town By-law 2013-107; all of which documentation is in Exhibit No.: 3.
(b) the “2020 Tribunal Decision” means the decision issued on March 1, 2020 by the Tribunal in the case of Anthony and Tracey Melidy v Municipality of Bradford West Gwillimbury reported at 2020 ONAFRAAT 3
(c) the “Act” means the Drainage Act, R.S.O. 1990 Chapter D.17, as amended.
(d) the “Board Of The Service Board” means the nine voting members who are to manage or supervise the management of the business and affairs of the Service Board as contemplated by the Agreement dated June 25, 2007 between the Town and the Township respect to the Holland Marsh Drainage System.
(e) “Burnside Engineering” means R.J. Burnside & Associates Limited.
(f) the “Conservation Authority” means the Lake Simcoe Region Conservation Authority.
(g) the “FOI” means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56, as amended.
(h) the “Rules” means Regulation 232/15, being the Rules of Practice and Procedure in Proceedings Before The Referee.
(i) the “Service Board” means the Holland Marsh Drainage System Joint Municipal Service Board, which was established under the authority of section 195 and subsection 202(1) of the Municipal Act, 2001 by the Town and the Township with respect to the Holland Marsh Drainage System pursuant to the Agreement dated June 25, 2007 between the Town and the Township; the Service Board is a body corporate acting as the agent of the two municipalities, both jointly and severally.
(j) the “Town” means The Corporation of the Town of Bradford West Gwillimbury.
(k) the “Township” means The Corporation of the Township of King.
(l) the “Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal.
Parties and Representation
The applicants are self-represented by the applicant Anthony Melidy.
The Service Board was represented by Paul Courey until sometime in June 2022 after which the Service Board has been and is represented by G. Edward Oldfield and Robert W. Scriven of Madorin, Snyder LLP Barristers and Solicitors.
Others may be added as parties following circulation of notice of this proceeding in accordance with directions given in this Order and, if they are added as parties, they and their representative will be added by a future Order.
Notice of Case Management Hearing to Determine Parties
A case management video conference hearing will be held via video conference on Thursday, November 17, 2022 commencing at 10:00 in the morning for the purpose of identifying parties to this application, determining when any added parties are to provide supporting affidavit or witness statement material and such other matters or things as may arise and which the presiding Referee may determine it is expedient to permit.
The applicants shall give notice of such case management pre-hearing conference; and the following provisions shall apply to the giving of notice:
(a) The notice shall be in the form attached to this Order commencing on page 14.
(b) The notices shall be given by delivery or by ordinary mail to the addresses of the current owners of lands described as follows:
(i) On the southeast side of Simcoe Road, the properties known municipally in Bradford as 395, 397, 399, 401, 405 and 407 Simcoe Road;
(ii) On the southwest side of Zima Crescent, the properties known municipally in Bradford as 132, 136, 140, 144, 148, 154 and 156 Zima Crescent; and
(iii) On the northwest side of Ondrey Street, the properties known municipally in Bradford as 126, 130 Ondrey Street.
(c) For the purposes of paragraph 8(b)of this Order, the notice shall be placed in an envelope addressed to the current owners and the envelope with the notice will be given by delivery to an adult at the address or by being placed in the mailbox at the address or by being put through the mail slot at the address or by mail to the respective addresses of the owners’ names as shown on the last revised assessment roll;
(d) The notice will also be given by mail to the Conservation Authority having jurisdiction at;
Lake Simcoe Region Conservation Authority
120 Bayview Parkway,
Newmarket, Ontario L3Y 3W3
(e) The Service Board shall provide to the applicants, on or before Friday, September 16, 2022, the names and addresses according to the last revised assessment roll of those referred to in item 8(b); the list of names and addresses shall be in machine-readable format;
(f) Notice shall be delivered or mailed on or before Thursday, September 22, 2022;
(g) Between Monday, September 19, 2022 and Friday, October 28, 2022, the Service Board shall make available for review at the office of the Municipal Clerk of the Town at
Town of Bradford West Gwillimbury
100 Dissette Street, Units 7 & 8, Bradford,
Ontario. L3Z 2A7
and
Town of Bradford West Gwillimbury
3541 line 11, Bradford,
Ontario. L3Z 2A8
during normal business hours, all of the documents listed in paragraph 18 below together with a copy of this Order.
(h) Between Monday, September 19, 2022 and Friday, October 28, 2022, , the Service Board shall make available on its website,
https://hollandmarsh.org/DrainageRefereeCV-21-00000414
all of the documents listed in paragraph 18 below together with a copy of this Order.
(i) The applicants shall prepare an affidavit proving service in compliance with this Order except for compliance with items 8(e), 8(g) and 8(h) above;
(j) The Service Board shall prepare an affidavit confirming compliance with items 8(e), 8(g) and 8(h) above;
(k) The applicants shall deliver the affidavit of service referred to in item 8(i) above to the Service Board by electronic e-mail transmission before the close of business on Friday, October 7, 2022; concurrently the applicants will deliver a copy of such affidavit of service by electronic transmission to the presiding Referee; and the Service Board shall forthwith file, via the Superior Court of Justice Online One- Key filing portal, a copy of the affidavit of service with the
Superior Court of Justice, Attention: Civil Registrar
Barrie Court House
75 Mulcaster Street,
Barrie, Ontario L4M 3P2
(l) The Service Board shall deliver the affidavit referred to in item 8(j) above to the applicants by electronic e-mail transmission before the close of business on Thursday, November 10, 2022; concurrently the Service Bord will deliver a copy of such affidavit by electronic transmission to the presiding Referee; and the Service Board shall forthwith file, via the Superior Court of Justice Online One-Key filing portal, a copy of the affidavit of service with the Superior Court of Justice at the address referred to above.
- The provisions of paragraph 16 below, dealing with video conference protocols, shall apply to the case management video conference hearing referred to in paragraph 7 above.
Exchange of Supporting and Responding Affidavits
Subject to paragraph 11, the applicants shall file with the Court and deliver their supporting affidavits to the Service Board and to the presiding Drainage Referee on or before Monday, June 20, 2022.
In lieu of providing an affidavit, as contemplated by paragraph 10, the applicant, Mr. Melidy may serve and file an unsworn witness statement which will be provisionally accepted as an exhibit on the condition that, after Mr. Melidy is sworn in at the hearing of the merits, and before he is available to be cross-examined, he attests to the veracity of his witness statement and confirms that he believes to be true what is said therein.
Subject to paragraph 13, the Service Board shall deliver to the applicants and to the presiding Drainage Referee its responding affidavit(s) on or before Tuesday, September 6, 2022.
No affidavit provided by the Service Board which refers to Exhibit No.: 1, being the February 4, 2021 Letter Report issued by R.J. Burnside & Associates Limited signed by Jeff Dickson, P.Eng. and addressed to Town’s Ruth Westlake, will be entered as an Exhibit or otherwise admitted into evidence unless the affidavit provides as exhibits copies of Burnside Engineering’s paper and hard copy of electronic records and communication in its file for or related to the Burnside Engineering’s Project No.: 300052155.0000 entitled, at least in part, “Validity of Petition”, including without limiting the generality of the foregoing:
(a) Details of invoices dated November 16, 2020 and February 4, 2021 providing a date-by-date description of the engineering services rendered, the person who provided it, the time spent, and the hourly rate for that person.
(b) Lot grading information and approvals provided by the Town or by the Service Board to Burnside Engineering.
(c) Records, minutes or notes of the September 14, 2020 meeting, electronic or in person, between Burnside Engineering personnel and Service Board personnel and of any other meetings, in person or electronic, between Burnside Engineering and the Service Board, including any with its counsel.
Production of Documents
- The Service Board shall produce to the applicants all relevant documents; and, if that documentation discloses the existence of additional documentation, that additional documentation shall also be produced to the applicants.
Future Case Management Conferences
- Future case management video conferences will be scheduled to address:
(a) Identification of issues for the hearing of the merits.
(b) Fixing a time for the delivery of other documentation, having regard for section 11 of Rules.
(c) Dealing with issues of disclosure.
(d) Identifying the number and nature of witnesses to be called by each party.
(e) Scheduling pre-hearing production and exchange of documents, including affidavits and witness statements for expert witnesses and affidavits and evidence summaries for other witnesses.
(f) Estimating the amount of time required for the of hearing.
(g) Setting the commencement date for the hearing.
(h) Dealing with such other matters or things as may arise and which the presiding Referee may determine it is expedient to permit.
Video Conference Protocols
- For case management video conference hearings and the hearing on the merits to be conducted by video conference, the following provisions shall apply:
(a) The Parties shall provide to the presiding Referee the names and e-mail addresses of those who will be on hand at the video conference hearing; that includes counsel, any witnesses and those giving instructions to counsel.
(b) Parties and those with a recognized interest in the proceeding, including news media, will be provided by the presiding Referee with access credentials, including a password, to log into the video conference at the appointed time.
(c) Parties are responsible for arranging to have their witnesses join the Zoom meeting to give their evidence at the time directed by the presiding Referee.
(d) Once logged on, the person will be held in a waiting area pending authorization by the presiding Referee to join the hearing.
(e) Parties intending to call a witness will ensure that the witness has a holy book (Bible or Koran) or an oath-taking article (such as an eagle feather) at hand if they are to be sworn to give evidence; a holy book is not required for a witness who affirms.
(f) Prior to giving testimony, each witness shall affirm to the presiding Referee orally that they are alone in the room and that they are not relying on any undisclosed document, such as speaking notes. Witnesses are not permitted to testify with others present in the room or to use undisclosed documents without the approval of the presiding Referee.
(g) For those joining the hearing to simply observe without participation, their microphone will be muted during the hearing conference.
(h) Those joining the hearing will need a device equipped with a webcam and a microphone and access to a reliable internet connection with adequate bandwidth; the device should always be plugged in to ensure that the battery does not run low.
(i) A smartphone may only be used at the discretion of the presiding Referee; the use of a smartphone is discouraged due to potential disruptions, such as incoming calls and messages, and the risk of running out of battery.
(j) Those joining the hearing will normally be alone in their location; if they are not, the presiding Referee may require such other persons to leave the room during the proceeding. There is an ongoing obligation to inform the presiding Referee if they are joined by someone else during the proceeding.
Documents and Exhibits
- Because case management video conferences and the hearing on the merits are to be conducted by video conference, protocols concerning the entering of exhibits are warranted and the following apply in that connection:
(a) A document, including a plan or photograph, to be relied upon at a hearing must be identified as an exhibit.
(b) To be identified as an exhibit, the document must be provided to the presiding Referee and to all other parties at least 2 days in advance of the video conference hearing at which it is to be presented as an exhibit; the presiding Referee may abridge this time.
(c) The presiding Referee will decide whether to enter the document as an exhibit and, if it is allowed, the presiding Referee will assign an exhibit an alpha/numeric identifier.
(d) Once the document has been entered as an exhibit, the party that introduced the exhibit shall, within 3 business days following the conclusion of the video conference hearing, file an electronic copy of the exhibit with the court via the One-Key portal and, when doing so, shall identify Court File No.: CV-21-00000414-0000 (Barrie) and the exhibit identifier assigned by the presiding Referee; a copy of the letter or e-mail of transmittal shall be provided to the presiding Referee.
(e) Court Orders, the application, notices of motion, factums, case law, legislation and compendiums of authorities will not be marked as exhibits though Court Orders, the application, notices of motion and factums should be filed with the court and item 17(d) above applies mutatis mutandis.
- At the time of this September 8, 2022 Order, the following documents are part of the record:
Decision of the Tribunal issued March 1, 2020 in the case of Anthony and Tracey Melidy v Municipality of Bradford West Gwillimbury reported at 2020 ONAFRAAT 3
Exhibit No.: 1.
February 4, 2021 Letter Report issued by Burnside Engineering (Jeff Dickson, P.Eng.) and addressed to the Town (Ruth Westlake)
Application, styled Notice of Appeal, dated March 16, 2021
Amended Application
March 5, 2022 Order issued March 6, 2022 by Andrew Wright, presiding Acting Drainage Referee
Exhibit No.: 2
May 17, 2004 Letter dated from Burnside Engineering (Gord Feniak, P.Eng.) addressed to the Town (Juanita Dampster-Evans)
Exhibit No.: 3
April 25, 2022 Letter from Aird Berlis (Brian Chung) to the applicants with the following enclosures:
i. Notice of Appearance by Aird Berlis on behalf of the Town.
ii. Town By-law 2007-090 authorizing the establishment of the Holland March Drainage System Joint Municipal Service Board Agreement attached to which is the Agreement dated June 25, 2007 between the Town and The Corporation of the Township of King and executed by both municipalities that day delegating municipal authority with respect to the Holland Marsh.
iii. Minutes of the meeting of the Town’s Committee of the Whole on November 5, 2013 recommending that Council delegate to the Service Board the control and management of municipal drains which lie outside the boundaries of the Holland Marsh Drainage System.
iv. Minutes of the Town Council’s meeting on November 19, 2013 adopting resolutions from the Committee of the Whole Meeting on November 5, 2013.
v. Town By-law 2013-107 enacted November 19, 2013 being a by-law adopting and confirming resolutions from the November 19, 2013 Council meeting.
vi. Copy of the applicant’s FOI request.
vii. A list of documents produced by the Town in response to that FOI request.
May 3, 2022 Order issued March 4, 2022 by Andrew Wright, presiding Acting Drainage Referee
Exhibit No.: 4
Petition signed by the applicants and received by the Town on September 27, 2019
Exhibit No.:5
Agenda for the June 11, 2020 meeting of the Board Of The Service Board
Exhibit No.: 6
Minutes of the June 11, 2020 meeting of the Board Of The Service Board (receiving 2020 Tribunal Decision)
Exhibit No.: 7
Agenda for August 20, 2020 meeting of the Board Of The Service Board
Exhibit No.: 8
Minutes of the August 20, 2020 meeting of the Board Of The Service Board (appointing Burnside Engineering)
May 12, 2022 Order issued May 18, 2022 by Andrew Wright, presiding Acting Drainage Referee
Exhibit No.: 9
Subject to proof at the hearing of the merits, Witness Statement of Anthony Melidy dated June 18, 2022 with 69 attachments identified under Tabs 1 to 69
McKeen v East Williams decision of Referee S.L. Clunis issued May 31, 1966 and reported at 1966 ONDR 1
Westendorp v Elizabethtown decision of Referee W.D. Turville issued June 2, 1986 and reported at 1986 ONDR 1
Jones v Derby (Town) decision of Referee W.D. Turville issued December 8m 1986 and reported at 1986 ONDR 3
Pannabecker v West Wawanosh (Town) decision of Referee D.A. O’Brien issued June 12, 2000 and reported at 2000 ONDR 2
M&M Farms v Kingsville (Town) decision of Referee D.A. O’Brien issued September 29, 2004 and reported at 2004 ONDR 1
August 11, 2022 Order issued that day by Andrew Wright, presiding Drainage Referee
Exhibit No.: 10
Affidavit of Jeffrey Dickson, P.Eng., sworn August 31, 2022, with Exhibits A through K
Exhibit No.: 11
Affidavit of Frank Jonkman, sworn August 31, 2022, with Exhibits A through G
The documents that have exhibit numbers will retain their exhibit numbers through the case management hearings and hearing(s) on the merits of this case. New exhibits will be identified by the next ensuing exhibit number and be added to the list as the hearing(s) progresses.
The documents listed are intended to reflect those things which would normally be filed in court or which would be used in the course of the hearing; it does not include but does not intend to dispense with routine items such as appearances, affidavits of service required by the court staff for filings such as the application, appearances, any motions and routine affidavits of service for supporting affidavits.
If counsel or a witness intends to rely upon case law, other than the cases listed in paragraph 18 above or legislation, other than the Act, copies must be provided to the presiding Referee and to all other parties at least 2 days in advance of the video conference hearing at which it is to be referred to; the presiding Referee may abridge this time.
Costs and Expenses
Pursuant to subsection 118(2) of the Act, it is ordered that all costs and expenses of the Town and of the Service Board of dealing with the matter of the Town’s being reinstated as a party respondent on March 5, 2022, and being discontinued against on May 3, 2022 are to be paid out of the general funds of the Service Board. It is also ordered that no part of such costs and expenses of the Town and of the Service Board are to be charged under section 43 of the Act to the applicants as petitioners, if the petition is unsuccessful, and no part of such costs and expenses are to be charged to a resulting Drainage Act project if the petition is successful.
Pursuant to subsection 118(2) of the Act, it is ordered that all costs and expenses of the Town and of the Service Board of dealing with the applicants’ request for production of documentation from Burnside Engineering’s file for or related to the Burnside Engineering’s Project No.: 300052155.0000 are to be paid out of the general funds of the Service Board. It is also ordered that no part of such costs and expenses of the Town and of the Service Board are to be charged under section 43 of the Act to the applicants as petitioners, if the petition is unsuccessful, and no part of such costs and expenses are to be charged to a resulting Drainage Act project if the petition is successful.
Pursuant to subsection 118(2) of the Act, all costs and expenses of the Town and of the Service Board of briefing and preparing Messrs. Oldfield and Scriven as replacement counsel, including the cost of Mr. Courey’s time and the cost of the time of engineering consultants, from the time of Oldfield/Scriven retainer up to August 20, 2022 are to be paid out of the general funds of the Service Board. It is also ordered that no part of such costs and expenses of the Town and of the Service Board are to be charged under section 43 of the Act to the applicants as petitioners, if the petition is unsuccessful, and no part of such costs and expenses are to be charged to a resulting Drainage Act project if the petition is successful.
Otherwise than specified in paragraphs 22, 23 and 24 above, costs are reserved to the final disposition of this matter.
General Matters
- When any document is required or permitted to be served, it shall be served by personal service, registered mail or electronically (unless a statute or the Referee requires another method of service) and shall be sent to:
(a) the party’s representative, if any;
(b) where the party is an individual and is not represented, to that party directly, where that party has provided an address for service and/or an e-mail address; and
(c) where that party is a corporation and is not represented, to the corporation directly, to the attention of an individual with apparent authority to receive the document.
For the purposes of this Order, unless otherwise ordered, Andrew C. Wright, Acting Drainage Referee, shall be regarded as the presiding Referee.
The presiding Acting Referee may be spoken to should clarification or further directions are required or desired in connection this Order.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness.
Andrew C. Wright, Acting Drainage Referee, is not seized of the hearing of the merits of this application.
Dated at London this September 12, 2022.
Andrew C. Wright Acting Drainage Referee
REASONS
The Order to which these reasons are attached is an evolving case management and procedural Order, which is a consolidation of previously issued Orders and includes currently operable provisions and eliminates those matters which have been completed or are no longer necessary.
The principal purpose of the video conference hearing on Thursday, September 8, 2022 was to deal with the giving of notice to those property owners who may be affected by the decision about the validity of the applicants’ September 2019 petition and to give those potentially affected persons an opportunity to be parties to that validity decision.
At this time no particular drainage works are proposed, but, if the petition is found to be valid, then a drainage project would be recommended by an engineer, and the legal rights and obligations of those property owners in the watershed may be affected in the form of assessments for the cost of the resulting drainage works and its subsequent maintenance and repair. As well, properties in the vicinity of the applicants’ may be affected as the site of drainage works. Property owners in the watershed would have rights of appeal in the future about the proposed drainage works and about allowances and assessments, but now is the time to intervene if those landowners intend to challenge the validity of the petition.
Notice is to be sent to the owners of property potentially within a possible watershed that may be affected if the petition is determined to be valid. That is the purpose of paragraphs 7 and 8 of the Order to which these reasons are attached.
The actual watershed will not be delineated until there is an engineer’s report and that will not happen unless the applicants’ petition is determined to be valid. That said, for the purposes of the giving of notice an educated estimate has been made based on the notion that the watershed will be within a subdivision block bounded on the northwest by Simcoe Road, on the northeast by Zima Crescent and on the southeast by Ondrey Street.
The fourth side of the subdivision block is a utility corridor on the southwest which the Town owns, subject to utility easements. The Town is already participating in this process because the Service Board is the Town’s agent and voice in this proceeding in the Court of the Drainage Referee. This utility easement already serves as a conduit for water runoff from a larger area so may not contribute much to the applicants’ drainage issue but may be involved as the site of drainage works if the applicants’ September 2019 petition is determined to be valid.
Within that subdivision block, the lot grading and stormwater management plans will or should have been designed to cause much of the front yard drainage from each of the lots to flow to the storm sewers in the streets upon which the lots front, so it is likely that not all of any of the lots will be within the watershed, but it is equally likely that some of most of the lots will be. The properties identified in item 8(b) of the Order are all of the lots within the subdivision block.
Dated at London this September 12, 2022.
Andrew C. Wright Acting Drainage Referee
TO WHOM IT MAY CONCERN
NOTICE OF CASE MANAGEMENT VIDEO CONFERENCE HEARING
DATE: THURSDAY, NOVEMBER 17, 2022 AT 10:00 AM
Re: Melidy v Holland Marsh Service Board Court File No.: CV-21-00000414-0000 (Barrie)
This Notice of a Case Management Video Conference hearing is being sent to you as directed by Acting Drainage Referee, Andrew C. Wright. The video conference hearing will be convened on THURSDAY, NOVEMBER 17, 2022 at 10:00 am using the Zoom platform. The purpose of the hearing and how it may affect you is described below.
If you wish to seek party status in this proceeding, please follow the instructions set out in paragraphs 12 and 13 below which require completion and return of a Memorandum of Appearance in substantially the form found at the end of this Notice.
If you wish to simply observe and not be a party to the proceeding, you are required to provide the Drainage Referee with your contact information as set out in paragraph 10 below.
Background and Purpose of This Notice
On September 27, 2019 the applicants petitioned for a municipal drain to relieve their property, known municipally as 122 Ondrey Street in Bradford, of a drainage problem. The respondent the Holland Marsh Drainage System Joint Municipal Services Board (the “Service Board”) is the voice of and agent for the Town of Bradford West Gwillimbury in this case and the Service Board is challenging the validity of the petition. The criteria for a valid petition are described in the Drainage Act.
The validity of the petition is going to be decided in this case by the Court of the Drainage Referee. At this time no particular drainage works are proposed but, if the petition is found to be valid, then a drainage project would be recommended by an engineer and the legal rights and obligations of those property owners in the watershed may be affected by the drainage works and/or in the form of assessments for the cost of the resulting drainage works and its subsequent maintenance and repair. Those property owners would have rights of appeal in the future about any proposed drainage works and about allowances and assessments but now is the time to intervene if you intend to challenge the validity of the petition.
This notice is being sent to you because your property, or parts of it, may be affected if the petition is determined to be valid. This notice is being given in accordance with the September 8, 2022 Order of the presiding Drainage Referee.
At this stage in the process, the applicants have submitted their supporting affidavit(s) and the Service Board has provided its responding affidavits. The September 8, 2022 Order of the Drainage Referee and all of the documents listed in paragraph 18 of the Order, including the applicants’ and the Service Board’s affidavits, are available on the Service Board’s website at:
https://hollandmarsh.org/DrainageRefereeCV-21-00000414
- This documentation is also available for inspection during normal business hours at:
Town of Bradford West Gwillimbury
100 Dissette Street, Units 7 & 8, Bradford,
Ontario. L3Z 2A7
and
Town of Bradford West Gwillimbury
3541 line 11, Bradford,
Ontario. L3Z 2A8
Purpose of Case Management Video Conference
A case management video conference hearing will be held at 10:00 am on Thursday, November 17, 2022. The purpose of the video conference hearing is to consider adding as parties those who wish to participate in the determination of the validity of the petition. A party is entitled to call witnesses, cross-examine parties and witnesses opposite in interest, file material, make submissions and may be subject to a decision with respect to costs.
For those wishing to simply observe the proceedings without any participation, before Friday, October 28, 2022, they must provide to the presiding Referee and to the applicants and to counsel for the Service Board their name, mailing address, e-mail address and telephone number together with an indication of their interest in the case; an owner or a family member or other representative of such owner would have a sufficient interest for this purpose, as would being a representative of the news media. That information can be given by mail or by e-mail to the addresses provided in paragraph 13 below.
To participate as a party or to observe the proceedings, a computer and internet access will be required; audio access will also be available by telephone.
For those seeking party status, if you, or an Ontario lawyer acting on your behalf, wish to be involved as a party, you or your lawyer should complete a Memorandum of Appearance and file it, on or before Friday, October 28, 2022 via the Superior Court of Justice Online One-Key filing portal, to the
Superior Court of Justice, Attention: Civil Registrar
Barrie Court House
75 Mulcaster Street,
Barrie, Ontario L4M 3P2
- A copy of the Memorandum of Appearance must also be sent by mail or e-mail to:
The applicants
Anthony Melidy & Jacqeline Tracey Melidy 122 Ondrey Street, Bradford, Ontario L3Z 2X1 E: amelidy@zoho.com
Counsel for the respondent:
G. Edward Oldfield and Robert W. Scriven, Madorin, Snyder LLP 55 King Street, West, P.O. Box 1234, Kitchener, Ontario N2G 4G9 E: toldfield@kw-law.com E: bscriven@kw-law.com
Presiding Referee
Andrew C. Wright, 12 The Ridgeway London, Ontario. N6C 1A1 E: andrewcwrightis@outlook.com
Parties who are added will have an opportunity to provide evidence in the form of affidavit(s) or witness statements before the hearing of the merits of the case and to participate as a party during the hearing of the merits. Subsequent case management pre-hearing conferences will deal with items referred to in paragraph 15 of the Thursday, September 8, 2022 Order.
If you do not attend or are not represented at this case management video conference hearing, the presiding Referee may proceed in your absence, and you will not be entitled to any further notice of the proceedings.
Dated at London this September 8, 2022.
Andrew C. Wright Acting Drainage Referee
ATTACHMENT to NOTICE
Court File No.: CV-21-00000414-0000 (Barrie)
ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
B E T W E E N:
ANTHONEY MELIDY and JACQUELINE TRACEY MELIDY
Applicants
- and –
HOLLAND MARSH DRAINAGE SYSTEM JOINT MUNICIPAL SERVICE BOARD
Respondent
MEMORANDUM OF APPEARANCE
The undersigned intends to respond to this application as a party.
Signature of Party or of Solicitor for Party Print Name: Address for service: Telephone number: E-mail address:
Date:
TO:
Superior Court of Justice, Attention: Civil Registrar Barrie Court House 75 Mulcaster Street, Barrie, Ontario L4M 3P2
AND TO
Andrew C. Wright, Acting Drainage Referee 12 The Ridgeway London, Ontario. N6C 1A1 E: andrewcwrightis@outlook.com Presiding Drainage Referee
AND TO:
Anthony Melidy & Jacqeline Tracey Melidy 122 Ondrey Street, Bradford, Ontario L3Z 2X1 E: amelidy@zoho.com Applicants
AND TO:
G. Edward Oldfield and Robert W. Scriven, Madorin, Snyder LLP 55 King Street, West, P.O. Box 1234, Kitchener, Ontario N2G 4G9 E: toldfield@kw-law.com E: bscriven@kw-law.com Counsel for the respondent Service Board