ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
CITATION: Chrustie v Ottawa (City), 2023 ONDR 1
DATE OF DECISION: 2023-02-28
Court File No.: CV-20-83031
BETWEEN:
BRUCE DAVID CHRUSTIE Plaintiff/Appellant
-and-
CITY OF OTTAWA Defendant/Respondent
-and-
RIDEAU VALLEY CONSERVATION AUTHORITY, MICHAEL WESTLEY, BARBARA WESTLEY, TOMLINSON DEVELOPMENT CORPORATION, WILLIAM TOMLINSON IN TRUST, 5010697 ONTARIO INC. o/a R.W. TOMLINSON LTD., LLOYD MARC CHARTRAND, CHARLENE ANN CHARTRAND, WILLIAM KINKADE, JULIE KINKADE, JOHN CHARLES COMPTON, MARY LUCY ELIZABETH COMPTON, GOPAL MOUDGIL, SUDERSHAN MOUDGIL, STEVEN SELTENREICH, ANITA BOLGER, VANGALDER CONSTRUCTION CO., RIDEAU VALLEY CONSERVATION FOUNDATION Added Parties
DRAINAGE REFEREE: ROBERT G. WATERS HEARING HELD: TUESDAY THE 21ST DAY OF FEBRUARY 2023
THIS COURT ORDERS THAT:
As a preliminary matter, the Rideau Valley Conservation Foundation shall deliver within 45 days from the date of this Order, a Motion pursuant to the Rules of Practice and Procedures in Proceedings Before the Referee, a Factum and a Book of Authorities, as it relates to the dispute by the Rideau Valley Conservation Foundation to the jurisdiction of the Drainage Act and the Drainage Referee, and the Administrator of the Drain, the City of Ottawa. Such documentation is as described in Part IV, RVCF Property Cannot In Law Be Altered as set out in the Affidavit of Diane Downie, dated June 22nd, 2022, on behalf of the Rideau Valley Conservation Foundation, in relation to its property which is subject to the construction of the Hobbs Drain on its property. Such date being the 14th day of April, 2023.
Within fifteen (15) days of the completion of the above matter, or no later than April 29, 2023, Bruce David Chrustie shall, on his behalf and other self-represented parties in this matter, confirm that he is acting as their agent, and provide a Motion containing a written proposal for an alternate route to that contained in the Report of Robinson Consultants Inc. dated June 24, 2021, Project No. Bl 7042. The said Bruce David Chrustie shall identify those additional parties he is acting for in such motion.
Within 45 days of the date set for the alternate proposal of Bruce David Chrustie, there shall be a Statement of Claim for Damages delivered by those parties to this matter who have indicated losses through the lack of maintenance or proper outlet of the Hobbs Drain. Such Statements of Claim shall be delivered by the following parties, in which they are to specify damages and the type of remediation they propose in this matter. The Parties are:
(a) John Charles Compton and Mary Lucy Elizabeth Compton;
(b) Mike Westley and Barbara Westley;
(c) William Kinkade and Julie Kinkade;
(d) Anita Bolger and Steven Seltenreich; (damages claimed in Paragraph 17 of their Affidavit dated June 29, 2022)
(e) Gopal Moudgil and Sudershan Moudgil;
Such Statements of Claim in this matter are to be delivered by June 13, 2023.
The following parties have not provided Affidavits or Witness Statements. They shall be given until June 13, 2023, to file a Witness Statement and if damages or remediation of the Hobbs Drain are being claimed, the specifics of such damages and remediation required in the form of a Statement of Claim:
(a) Marc Chartrand and Charlene Ann Chartrand, which parties are to confirm their continued participation in this matter as Parties.
(b) Van Galder Construction Co.
Tomlinson Development Corporation, William Tomlinson In Trust, 5010697 Ontario Inc. o/a R.W. Tomlinson Ltd. will, within 120 days of this original Order being June 28, 2023, be required to submit a Claim for Damages, if any, and/or request an Environmental Assessment if it deems it necessary. Such Claim shall further identify the extension, if any, required by it to the Hobbs Drain to the Tomlinson group of properties, and the grounds pursuant to Section 78, and Section 78 (1.1) for such extension or improvement.
Affidavits of Production of Documents are to be served by all parties to this matter within 60 days of after the date on which the Statements of Claims required pursuant to paragraphs 3 and 5 of this Order are delivered.
Reports of Experts of the Appellant, Respondents and the Defendant Respondent, the City of Ottawa, are to be delivered by July 31, 2023.
Examinations for Discovery, if any, are to be completed of the Appellant, the City, its Engineer retained in this matter, and any other of the parties to this matter, including any parties claiming damages, by September 29, 2023. Undertakings from such Examinations for Discovery, if any, are to be answered within 30 days of such examinations.
Further Examinations for Discovery of the Appellants and Defendant/Respondent, if not encompassed in Paragraph 9 hereof, are to be completed by October 315\ 2023.
Undertakings arising from such Examinations for Discovery, if any, are to be answered within 30 days of such Examinations at which time there shall be a Procedural Hearing to set a date for trial, such date to be set at the discretion of the Referee.
Liability and damages and proposals for extension of the Drain are to be determined at trial.
The costs of this Motion are in the event of the cause.
DATED at Strathroy, this 28th day of February 2023.
Robert G. Waters ONTARIO DRAINAGE REFEREE