ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE
CITATION: Chrustie v Ottawa (City), 2026 ONDR 1
DATE OF DECISION: 2026-02-20
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 THE 24th DAY OF NOVEMBER 2025, RECONVENED JANUARY 14th, 2026.
ORDER (WITH REASONS)
As a result of the Decision of this Referee dated the 28th day of August 2025, it was ordered "The City of Ottawa shall submit to the Rideau Valley Conservation Authority the Report of Robinson Consulting Inc. dated June 24, 2021, for the issuance of a permit for an outlet extension of the Hobbs Drain".
Further, as a result of my Reasons for Decision of August 28th, 2025, paragraph 17, the matter before the Referee was bifurcated to reflect the lack of appeal of the June 24th, 2021, Report of Robinson Consulting Inc.
As such, all other matters relating to my Orders of the 28th of August 2025, relate to damages and not to the issuance of a permit by the Rideau Valley Conservation Authority.
To proceed with the bifurcated Appeal, a letter dated November 3rd, 2025, containing an Appointment for Procedural Hearing was received by the City of Ottawa and the Rideau Valley Conservation Authority. Such appointment directed the parties to review the relevant provisions of Rule 8(1) of the Rules of Practice and Procedure in Proceedings Before the Referee, such video conference to be held in the presence of the Rideau Valley Conservation Authority, and the City of Ottawa, with the participation of Robinson Consulting Inc. as the author to of the Report of June 24th, 2021.
By hearing dated the 24th day of November 2025, the parties were unable to come to a settlement within the timeframe allowed, and the hearing was reconvened by appointment by the Referee dated January 8th, 2026 to January 14th, 2026. The parties were unable to come to a settlement of their outstanding issues pursuant to the second case conference of such procedural hearing under Rule 8.
The Rideau Valley Conservation Authority submitted documentation which would normally be privileged, but, with the consent of both parties, will form an Exhibit in this matter.
As a result of such consent, the Rideau Valley Conservation Authority's staff's letter dated January 13th, 2026 is to be produced in Court File No. CV-20-83031.
At the request of Ottawa and its engineer, Robinson Consultants Inc., it is directed that the Conservation Authority (RVCA) would release all documentation, including the computer model developed and used by the RVCA, its methodologies, more particularly the hydraulic model, which differs from that in the Engineer's Report. Such disclosure being in accordance with paragraph Rule 8(1)10.
On consent, it was agreed that such disclosure occur within fifteen (15) days of this Order. Since the January 13th, 2026 RVCA letter is deemed to be a refusal of Ottawa's permit application, Ottawa shall be allowed a further fifteen (15) days from such disclosure of appeal of such refusal and to request a hearing before the RVCA Executive Committee.
However, the parties are unable to reach a settlement and, as a result of the privileged conversations between the parties and the Referee, the Referee can no longer proceed as adjudicator in this matter. Therefore, in accordance with Rule 8(3) of the Rules of Practice and Procedure in Proceedings Before the Referee, as I have conducted a pre-hearing conference pursuant to such Rule; I am no longer able to preside at any hearing in connection with the claim by Bruce David Chrustie vs. the City of Ottawa, et al, Court File No. CV-20-83031.
This Referee Orders that the matter be returned to Referee John O'Kane, who has consented to carriage of the matter and be seized of the same.
DATED at Strathroy this 20th day of February 2026.
Robert G. Waters Drainage Referee