ONTARIO SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
CITATION: Chrustie v Ottawa (City), 2023 ONDR 4
DATE OF DECISION: 2023-09-26
Court File No.: CV-20-83031 (Ottawa)
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 ) HEARING HELD ON TUESDAY
ROBERT G. WATERS ) THE 26th DAY OF SEPTEMBER, 2023
AMENDED ORDER
Original Dated February 28 2023
THIS COURT CONFIRMS THAT:
Paragraphs 1, 2, 3, 4, 5 and 6 of the Order dated February 28th have been complied with in part or whole to date.
Affidavits of Documents are to be served by all parties to this matter within on or before October 31st, 2023.
Reports of Experts of the Appellant, Respondents and the Defendant Respondent the City of Ottawa, are to be delivered by November 30th, 2023.
Examinations for Discovery, if any, are to be completed of the Appellant, the City, its City Engineer retained in this matter, and any other of the parties to this matter, including any parties claiming damages, by January 31st, 2024.
Further Examinations for Discovery of the Appellants and Defendant/Respondent, if not encompassed in Paragraph 9 are to be completed by February 29, 2024
Undertakings arising from such Examinations for Discovery, if any, are to be answered by April 2nd, 2024, 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 26th day of September 2023.
Robert G. Waters
ONTARIO DRAINAGE REFEREE