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Court decides in favor of Hydro Continued from page enabled Hydro to use ine provisions of The Ex propria Act to acquire the sub ject lands Sections 5 and of The Expropriations Act required Hydro to obtain the approval of its approving authority the Minister of Energy and Resources Management Without that approval it could not expropriate Upon apply for approval Hydro was obliged to give notice to registered owners of the lands to be expropriated Those owners were given the right to request a hearing Where a request for hearing is inquiry officer must be ap pointed and The procedure for the hearing was set out as follows after providing that he inquiry officer was to fix a lime and place and notify the parties At least five days before the date fixed for the hearing the expropriating authority shall serve upon each party to the inquiry a notice indicating the grounds upon which it intends to rely at the hearing and shall make available for inspection by the parties any documents in eluding maps and plans that the expropriating authority intends to useat the hearing 5 The hearing shall be by means of an Inquiry conducted by the inquiry officer who shall inquire into whether the taking of the lands or any part of he lands of an owner or of more than one owner of ihe same lands is fair sound and reasonably necessary the achievement of Ihe objectives of he expropriating authority 6 The inquiry officer shall report lo the approving authority a summary of the evidence and arguments advanced by the parties the inquiry officer s findings of fact and his opinion on he merits of the application for approval with his reasons therefor The inquiry officer may combine two or more related inquiries and conduct them in all respects and Tor all pur poses as one inquiry The expropriating authority each owner who notifies the approving author ity that he desires a hearing in respect of the lands intended to be expropriated and any owner added as a party by he inquiry officer are parties to the Inquiry The inquiry officer la may add any owner whose land would be affected by the expropriation of the lands concerned in the inquiry or any modification thereof a party to the inquiry I shall give every party to the Inquiry on to present evidence and argu and to examine and cross examine witnesses personally or by his counsel a is not bound by the technical or legal rule of dence and may he lands concerned either alone or in the presence of the parties 10 The inquiry officer may recommend to the approving authority that a party to the inquiry be paid a fixed amount for his costs of the inquiry not to exceed and Ihe approv ing authority may in its ret ion order authority to pay such costs forthwith Section 8 is also relevant 8 shall consider the report of the inquiry officer and shall approve or not approve he proposed expropriation or approve proposed expro priation with such modifica as the approving author considers proper but an approval with modifications shall not affect the lands of a registered owner who is nol or has not been made a party to the hearing The approving authority shall give written reasons for its decision and shall cause decision and he reasons therefor to be served upon all the parlies within ninety days after the date upon which the report of the Inquiry officer is received by the approving authority 3 The approving authority shall certify lis approval in the prescribed form Mr Donald Meyrick C was appointed as the In quiry officer and pursuant notices that he caused to be published the hearing into the expropriation of the subject lands commenced on 1976 It should be observed that this hearing did not en compass the entirety of the lands covered by the Order in Council It dealt with only a pari we are told a fourteen mile stretch in the area of Limehouse Ontario to the north and west of tan Toronto The hearing thai was commenced on Monday November continued on a daily basis until day November 1976 when it was adjourned April 1977 or earlier by party giving fifteen days notice Meyricksreasons As required by The Expro priations Act Hydro served upon the properly owners a notice of grounds This was a lengthy document flf teen pages that contained a lengthy statement entitled The Objective of the Ex propriating Authority In the notice of grounds the following occurs The purpose and objective of the proposed expropriation Is the acquiring of sufficient land or interests therein for a of way for an electrical transmission line part ex tending from Bradley June a defined location in the northern portion of Greenock Township the of Bruce which is connected by a right of way already acquired and in respect of which construction Is proceed ing linking the Bruce Nuclear Generating Station near Douglas Point on Lake Huron to the Milton Transformer a location near Ihe Town of Milton which location is also fixed In a statement of objec tives included in the nollce the following occurs This objective linking of Bruce Generation with the major transmission facilities to he south via a transformer station at Milton must be accepted for Ihe purposes of these hearings This Involves a direct linkage of Bruce with Milton generally through Bruce Grey Dufferln Wellington and Halton Counties This aspect of the system design was accepted by in the course of the extensive inquiries con dueled by him between September 1972 and March 1974 This accepted and recommended has been approved by the Govern of Ontario and is beyond consideration in these hear ings A list of documents maps and plans intended be used at Ihe hearing was included in notice of grounds These included the Solandl Com mis Ions Report Before the first witness was called by the Hydro counsel for Ihe property owners asked The Acton Free Press Wednesday March 9 7 for a ruling They desired to know whether the inquiry officer would permit cross- examination and hear about alternate routes for Ihe trans mission lines After hearing argument the inquiry officer reserved his ruling The hearing thereupon pro ceeded Mr Arthur Hydros first witness He was Ihe manager of the Land Use and Environmental Plan rung Department route and site selection division of Ontario Hydro and had been Ihe project planner respon- for the planning of the route from Nantlcoke Gener station to Pickering Generating station He gave a general history leading up to Ihe selection of recom mended route the conclusion of his lesli inchief the cross examination began During the crossexamination Mr announced that he was prepared to make a ruling on question that he had previously reserved After further argument by counsel Mr Meyrick ruled that No evidence should be led or adduced through cross- examination on the initiative of the respondent owners and other interested parties in opposition which would in volve an inquiry into the relative merits of alternative routes for the desired power line Mr Meyrick said also It Is clear however that important public interests emerge on both sides of the equation none of which is served by delay I accordingly recommend hat matters be precipitated and that the appropriate officials within the public sector Hydro and the Province be authorized and directed to forthwith enter into dialogue wilh counsel and agents representing the private sector for the purpose of a joint application to Court for an abridgment of time and an early disposition of the ensuing legal contest It is the ruling that is the subject of his application I am unaware of any deci sion that governs or substan tially relates to this question Continued on page 13 WHO DOES IT ROBERT LINQUIST Com C A CHARTERED ACCOUNTANT AND HOLMES WARD PARTNERS CHARTERED ACCOUNTANTS XI Mill Si Acton COOPER DAWS COST ACCOUNTANTS TODD ASSOCIATES SALES and SERVICE OLYMPIC SERVICE MR CONDITIONING HEATING LET US S TAKE CARE HEATING El CONDITIONING REQUIREMENTS MANUFACTURERS J AGENTS M u a Wei house J Heat Pumps Johns Insula on Union JSH Gas 8771773 iBRDUWDODJ S OAKVILLE K M YtutBm With AIR CONDITIONING HEATING For and efficiency rely on lor new Gas or Oil Furnaces are specialists in home Healing and air con WE PROMISE THE BEST SERVICE IN TOWN HOME 348 GUELPHST GEORGETOWN 877 ENTERPRISES Color Installation JOHN HALKO 416 Add nous R or CuMom HOY GALLOWAY I Molt GERRY WARD 103 Kingdom Or 103KritnnDr J Nielsen Combining Old contemporary phone 8789725 ACTON DELICATESSEN PANTRY BOUTIQUE 14 MUSI LEAVE THE CATERING TO US coloring or aunty occasion Panics Wadding Receptions Slags Mooting Wo also mako up Meal Dacoiativo ChaBio Trays Salads Sandwlchos Paltry Trays Call CAR AND TRUCK RENTAL See us firsi when a car truck rental for Business Thus Hoi days Moving Low Daily and good mileage Mam Si Acton WIUlililJl FERGUS or PACQNI Dead Stock Removal LIMITED or disabled Hill LEONARD EMBRACK Ihomptw PH 44 YOUNG ST ACTON of Petroleum Products For Hume Heating Sales Service Furnace Insurance Available Chimneys Cleaned Ruhard Telford DC Mill Sl Acion Family Cleaners AND BARGAIN CORRAL repairs Family decks and doors UNISAL CONSTRUCTION LTD 853 39D3 S FARM SERVICE or disabled animals moved Phono B061 Lie HILLS Electric Indusiridl Commercial ACTON W RESIDENTIAL COMMERCIAL INDUSTRIAL G A EXCAVATING Tree G ANDREWS a Shoe mafic Mill Si Hours or rum you tin r I B53 Fa GENERAL CONTRACTORS CONSTRUCTION Concrete Work loot floors i excavations anil Licensed Forinslallitionol Tjnlis BARR CONSTRUCTION ft WOODWORKING Gum Hup HUM TAPING JOINT FILLING Esnmatos JOE SEELEN GENERAL CONTRACTORS t a Mcmullen general contractor FREE ESTIMATES or CONCRETE CONTRACTOR Floors Patios Dnvowoys Pool Docks HOME IMPROVEMENTS Piaster Repairs Dennys Insurance Agency GENERAL and LIFE INSURANCE F WRIGHT Wilbur Slruot Phone IMPERIAL JANITORIAL SERVICE Cumploio Jan tonal Rug Cleaning Georgetown Arthur A Johnson MILTON 214 Main Si ROBERT SCH0MACHER H S OPTOMETRIST GUELPH Phone MtfiiiHHiiirWTTtF PAINTING and David Cohen Peel Si Acton Phone Interior Exterior Eslimalos Flue J Jennings PHOTOGRAPHY For oil your noods PHONE BROCHURES PUBLICATIONS OFFICE STATIONERY WEDDING INVITATIONS PERSONALIZED CARDS RUBBER STAMPS jnd Product on Service 853 Dills Priming Mis- Publishing Co Ltd RENT ALL Small tools induquipmnn Guelpli St 877 4560511 Spocialuno rool and v aluminum soffits fascia also stool horns FREE ESTIMATES Cell 9 a alter Check Hit Acton Clatnf for good buy Salt it too Dial and shampooed free est and sample Andy RON GIDDEN Tank Cleaning 8564202 TRANSMISSION REPAIRS MILTON TRANSMISSION robu WORK FULLY GUARANTEED Mom Si E Milton TfREO OF BEING CHEATED Call Paul 853 or Dave ACTON SIGNS THE SIGN POST KEN 853082T SOFT WATER THE WAY IT SHOULD BE FREE INSTALLATION Service LOWEST MONTHLY COMPLETE LINE Fdrmsond SELF SERVICE Sail Pickup or 877 WU1JlIIM John Salmon COUNTRY TV CENTRE SERVICE Lino Spccialmng m TV Authorued f TV and Appliance PHONE FIRST LINE TV Phone Zenith Motorola Antenna installations BBS SEE MB DEPENDABILITY PEOPLE MAYTAG APPLIANCES Ma n Snoot GEORGETOWN GUELPH UPHOLSTERY formerly Acton Upholstery Interior Upholstering Cars Trucks anytime Portable Welding Senice Free slim a Industrial KAMMINGA ACTON WELDING machine aluminum stainless and cost iron portable equipment polish ACTON MILTON WELDING 145 NTPISSING UNIT 24 hour mobile and shop service Open on Saturdays 12 General topairs and fabticolions