Loading...
The Huron Expositor, 1995-08-09, Page 15139. EDUCATIONAL RODGERS School of Truck Driver Training Ltd., Class A,B,C,D,E,F,Z. One to one training. Toronto, Orillia, Cambridge, Ajax. 1-800- 668-0031. 39-32xbc BE A SUCCESSFUL WRITER...with our great home - study course. Call for a free book. 1-800-267-1829. The Writing School, 2382-38 McArthur Ave., Ottawa, Ont. K1L 6R2. 39-32xbc 43. BIRTHS s. i BRUXER Dylan would like to welcome the arrival of his new baby brother, Logan Donald Louis who arrived July 28, 1995, 8 lbs. at Stratford General Hospital. Proud parents are Don and Chris. Another grandson for Peg and Charlie Campbell of Seaforth and Rene and Frank Bruxer of Dublin. 43-32x 1 c 46. IN MEMORIAM • t COSTELLO: Treasured memories of a dear father and grandfather Bernard James whom God called home on August 4, 19 He left us quietly, His thoughts unknown, But left us a memory, We are proud to own. So treasure him Lord, In your garden of rest, For when on earth, He was one of the best. Always will be remembered by his son, Robert James, daughter-in- law Mary Helen and grandsons Shawn James and Curtis Vaughan. 46-32x1 KNIGHT: In loving memory of a dear Mother and Grandmother, Ruth Knight who passed a.v.'v August 9, 1987. She gently took death by the hand, And journeyed to the promised land, And there with steps so light and gay, She polishes the sun by day. And lights the stars that shine at night, And keeps the moonbeams silvery bright, For Mothers really never die, They just keep house up in the sky, And in the heavenly home above, They wait to welcome those they love. Sadly missed and remembered by Marjorie, Tom, Brian and Paul 46-32x1c LAMMERANT: The new year came You weren't there Your date of birth came You weren't there Christopher had to find the Easter eggs himself You weren't there We travelled to places I know you'd love You weren't there Our new puppy arrived with kisses for all You weren't there I woke up this morning and You weren't there Are you here or are you there In all that we do, do you share Wherever you are think of us Because everywhere we are we miss you so much. You are loved and missed so much by mommy and Christopher. 46-32x 1 c SALDIVAR: In loving memory of our dear daughter, sister and aunt Jeanne who was taken from us so suddenly five years ago Aug. 12. In a quiet country graveyard, Where the gentle breezes blow, Lies the ono we loved so dearly, Whom we lost five years ago. Your memories are still fresh, Like the words of a song. Your resting place we visit, Put flowers there with care, Without farewell, you fell asleep, With only memories for us to keep. While no one knows the heartache, When we turn and leave you there. If teardrops could build a stairway, And memories a lane, We'd walk the long road to reach you, And bring you home again. They say time heals all sorrow, And helps us to forget, But time so far has only proven, How much we love and miss you yet. We love you, Jeanne And always will, 'Til the end of time, 'Til we meet again. Loved, missed and thought of every day, Mom, John, David, Jim, Fran and nieces Roseanne and Elizabeth. 46-32x1 WILSON: Elwin and Beulah: In loving memory of a dear mother who passed away 1 year ago, August 11, 1994 and a dear father who passed away 13 years ago, August 11, 1982. Our thoughts are always with you, Your place no one can fill, In life we loved you dearly, In death we love you still. Sadly missed and always loved by your daughter Jean, her husband George and grandchildren Brenda, Alan and Steven. 46-32x1 News and Views THE HURON EXPOSITOR, August 9, 1995-15 Dashwood couple has. "bureaucratic nightmare" BY DAVID SCOTT SSP News Staff Marilyn and Douglas Dick have survived what many con- sider a bureaucratic nightmare and come out winners. The Dicks, of RR 1 Dashwood, represented by their daughter Terri Mario, of Ailsa Craig, successfully appealed a deci- sion by the Ausable Bayfield Conservation Authority (ABCA) refusing to grant the Dicks permission to construct a house on a lot in Bosanquet that• is within a designated floodplain. The appeal was recently upheld by the Mining and Lands Commissioner of Ontario. A condition that the proposed structure he flood - proofed, in accordance with drawings submitted with the application, was required by the Commissioner. The decision by Deputy Mining and Lands Commis- sioner Brian Goodman, who chaired the tribunal between the Dick family and ABCA, was handed down June 8, 1995 in a 29 -page report. The deci- sion marks the end of a dispute that began in 1991 when the conservation authority first denied the Dicks the right to build on the Township (later Town) of Bosanquet lot just cast of the Defore Acres subdi- vision and north of the Ausable River Cut. This decision may mark the first successful appeal ever against the ABEA. The ABCA objected to the construction of a home because the lot was part of a Special Policy Area (SPA) or flood - prone area. Within the policy statement, a further definition of the land is given, designated 46. IN MEMORIAM • s. STEELS: Treasured memories of a dear mother and grandmother Alone Elizabeth whom God called home Aug. 10, 1961. Mom, I thought of you yesterday, And wished you weren't so far, Mom, I thought of you today, And longed for just one call. To sit and have a talk with you, And say "Come over for awhile,' We'd laugh and say remember when, And I could see you smile. Mom, I think of you every day, And wish you weren't so far. Always will be remembered by her daughter Mary Helen, son-in-law Bob and grandsons Shawn James and Curtis Vaughan 46-32x1 LOUGHNANE: In loving memory of a mother, grandmother, great grandmother and a friend, Helen Jean whom God called home, August 10, 1994. The moment that you died, Our hearts were split in two, The one side filled with memories, The other died with you. • We think of you in silence, We always speak your name, For all we have are memories, And your picture in a frame. They say there is a reason, They say that time will heal, But neither time nor reason, Help the emptiness we feel. For no one knows the heartache, That our smiles try to hide. No one knows how many times, We have broken down and cried, We want to tell you something, So there won't be any doubt, You're so wonderful to think of, But mom you're so hard to be without. So sadly missed and always remembered by Kevin, Marlene, Tyler, Travis and Dennis. 46-32x1 47. CARDS OF THANKS BRUXER Special thanks to the nurses at Stratford Hospital who saw to the safe and very quick arrival of Logan. To Dr. Shannon and Dr. Shepherd for their wonderful consultations. Special thanks to daddy who made things much easier. Love, Mommy and Logan 47-32x1c KUZMICH/SCHWARZ Thanks to everyone who attended our Buck and Doe. A special thanks to our wedding party and our families for all their hard work. It will be a night we will never forget. - Pauline Kuzmich and Mike Schwarz 47-32x1 ROCK I would like to thank everyone for the gifts, flowers and cards I received in the hospital and since I've come home. Special thank -you to my family, Pastor Book and Dr. Shepherd and all the nurses at Seaforth Hospital. Everything was deeply appreciated. - Florence 47- 32x1cc as Rural Environmental Protec- tion. These are lands below the regional storm flood level that are now used for farming or have a high potential for farming. A zoning bylaw passed by Bosanquet as an amendment to their Official Plan stags that "no land, building or structure shall be used or erected in any Rural Environmental Protection Zone except for...agriculture including not more than two dwelling units; a home occupa- tion, passive recreation; build- ings, structures or uses acces- sory to a permitted use." Under Regulation 142, in sub -section 28 of the Conserva- tion Authorities Act, "no per- son shall construct any building or structure in any area suscep- tible to flooding during a regional storm." But Section 4 of the regulation states that "the authority may permit in writing the construction of any building or structure which will not affect the control of flood- ing of the conservation of land." The part lot owned by the Dick family on which they want to build was created by the severance of a farm lot in 1974. They bought the property in 1988. The previous owners had obtained a building permit for construction of a 960 square foot residence in 1979 and had also obtained approval for a sewage system and had installed well and sewage facil- ities. According to the tribunal report, the previous owners didn't build a residence but did construct a concrete boat ramp with a winch and an accessory building. "The part lot owned by the appellants is a treed lot, is not really suitable for farming, and is not being used for that pur- pose. The proposed residence will not be used for agriculture and there are no current plans for it to be used for a home occupation or passive recre- ation or for an accessory use. The remainder of the lot (the other part lot) to the north is farmland," stated the Deputy Mining and Lands Commis- sioner in his report. When Douglas and Marilyn Dick purchased the property in October 1988, their lawyer Philp Walden, was advised by the Zoning Administrator for the township that the property was zoned AEP.1, which per- mitted a single family dwelling. Since 1988, the ABCA has granted permission to a number of owners of lots in Defore Acres, which is located just west of the Dick Property on J Community Calendar WED., AUG. 9 1:30-4:00 p.m. - Senior Shuffleboard at the Arena 6:30-8:00 p.m. - Squirt Boys' Fastball at the High School, North Diamond 6:30-7:30 p.m. - T -Ball at the High School South Diamond 6:30-8:30 p.m. - Houseleague Soccer at the Optimist Park 7:00-8:30 p.m. - Fitness/Step Training at the Arena with Drusilla 8:00-10:00 p.m. - Men's Roller Hockey at the Arena 9:00-10:30 p.m. - Swingers. Slo-Pitch at the Optimist Park THURS., AUG. 10 6:30-7:30 p.m. - Jr. Mite Fastball at the High School South Diamond FRI., AUG. 11 6:30-9:30 p.m. - Squirt Boys' Fastball Playoff Toumament at High School, Lions and Optimist 7:00-8:30 p.m. Mite Boys' Fastball at the Highschool South Diamond SAT, AUG. 12 9:00=4:00 p.m. -Squirt Boys' Fastball Playoff Tournament at the Highschool and Lions Park SUN., AUG. 13 8:00-11:00 p.m. Men's SIo-Pitch at the Lions and Optimist Parks MON., AUG. 14 12:00-1:00 a.m. Aqua Flt at the Lions Pool 6:15-8:15 p.m. -Junior Houseleague Ball at the Highschool South Diamond 7:00-9:30 p.m. - Sign Language at the Arena 7:00-10:30 p.m. - Bingo at Arena - Hall opens at 6:30 p.m. 8:00-10:00 p.m. - Men's StaPltch at the Lions and Optimist Parks TUES., AUG. 15 9:00-10:00 a.m. - Fitness Is Fun at the Arena with Drusilla 10:00-11:00 a.m. - Line Dancing with Drusilla at the Arena 6:30-7:30 p.m. - Senior Houseleague Ball at the Highschool South Diamond 7:00-8:30 p.m. - Ladles' Rec. League at the Lions Park 8:00-10:15 p.m. - Harmony HI-Lites practice at the Public School 8:00-11:00 p.m - Men's SIo-Pitch at the Lions and Optimist Parka WED. , AUG. 16 1:30-4:00 p.m. - Senior Shuffleboard at the Arena 6:30-7:30 p.m. - T -Ball at the Highschool South Diamond 6:30-8:00 p.m. - Minor Soccer at Optimist Park (Jr.•6:30 • Sr.- 7:30) 7:00-8:30 p.m. - Fitness/Step Training at the Arena with Drusilla 9:00-10:30 p.m. • Swingers' Sio- Pitch at the Optimist Park If you're organizing a non-profit event of interest to other Seaforth area residents, phone the recreation office 527-0882 or the Expositor at 527-0240, or mail the information to Community Calendar, The Huron Expositor, Box 89, Seaforth, Ontario, NOK 1 WO well in advance of the scheduled date. Free listing includes date, time, name of event end location only. Space for the Community Calendar is donated by The Huron Expositor. the other side of a concession road, for the construction of residences, additions and accessory buildings. After receiving permission from the ABCA, the landowner would apply to the township for a building permit. The Defore Acres subdivision is also located in the floodplain. Some of the houses in Defore Acres have been constructed with basements. The propose design of the house on the Dick property does not have a basement. An engineering study in 1988 revealed the flood elevation for the area as 180.65 metres, the elevation for the Dick property as 180.55 metres and the elev- ation for Defore Acres as 180 metres. There is no registered plan of subdivision for Defore Acres because the registry Act at the time did not require that. In 1991, the ABCA under- took their Flood Reduction Works program to reduce the threat of flooding by berming the area between the Ausable River Cut and properties in the floodplain. Peter Hegler, engineer and Commissioner of Works for Bosanquet since 1990, was called as a witness by the appellants at the tribunal. Hegler testified that with the flood reduction works, includ- ing the berming on the appellant's property, the risk of flooding was reduced. Any problem of access or egress during a period of flooding in the area was addressed by the town's emergency response plan. The town's, pumping system can pump up to 90 million gallons a day, which Hegler felt was sufficient. The prosed structure would have no immediate effect on the risk of flooding to adjacent properties since the house would only be four to six inches below the regulatory flood elevation, according to the tribunal report. Alec Scott, Water Planning Manager for the ABCA, con- ceded to the tribunal that the ABCA had given permission to landowners in Defore Acres to build residences on sites that were at a greater risk of flood- ing than the site proposed by the Dicks. "It was Mr Scott's position that if the ABCA were to have granted permission to the appli- cants, it would have served as a precedent, and would make it difficult to refuse permission to other landowners who might wish to build a home in a area designated Rural Environmental Protection," stated the report of the tribunal. "While it is necessary to have policies, these are not law," stated Terri Mario in making her case. "The facts here are unique; the subject property is the last partially developed lot outside of the Defore subdivi- sion. A building permit was issued tot he previous owners, and other services and facilities were provided. The ABCA does not dispute that the pro- posed residence can be suitably flood -proofed," stated Mario. The intent of the SPA for the Thedford Klondyke area was that additional development would be allowed in the Defore Subdivision, to the west of the access road to the Dick prop- erty, stated the tribunal report. "It is not the opinion of the ABCA that the subject lot has the same 'status' as the lots within the Defore Subdivision," according to the report. "Is the policy of the ABCA at issue here reasonable? I have concluded that it is not," stated the Deputy Mining and Lands Commissioner in his con- clusions. "It has already been conceded that there is no such thing as a 'Registered .Development Plan' under current legislation. The policy of the ABCA means that, unless a landowner can persuade the ABCA that his or her property is within some registered development plan, they will be denied permission to construct a non-agricultural residence," stated Goodman. "This is so regardless of the state of development of the property, the risk of flooding, and whether the proposed construction will affect the control of flooding or the con- servation of the land." Goodman captures a sense of the ordeal Douglas and Marilyn Dick have been through with his closing statements. "The appellants have been caught up in veritable bureau- cratic nightmare, being batted like a pinpong ball between the ABCA and the town. The ABCA says it is only imple- menting the Special Policy Area provisions of the town's Official Plan and zoning by- law and the appellants must obtain appropriate amendments to these documents before it will consider granting per- mission. "The town, on the other hand supports the application. Apart from the designation and zon- ing of the subject property, there is virtually nothing to distinguish it from properties within Defore Acres for which permission was granted when considering site factors such as elevation, proposed flood - proofing and access and egress. Authority won't appeal BY DAVID SCOTT SSP News Staff The Ausable Bayfield Con- servation Authority (ABCA) does not see a successful appeal of an ABCA decision on floodplain building as pre- cedent -setting. Recently, the Mining and Lands Commissioner of Ontario ruled in favour of Marilyn and Douglas Dick's appeal against the ABCA to build on a lot in Bosanquet that is located on a floodplain. What is the ABCA's reaction to the decision? "In this case it worked out in the favour of the applicant. And that's the process. We're not going to object or appeal. That's the mechanism that's there for the public. The Dicks used it in this case and they came out successful...It could have been in our favour. Some- times it is, sometimes it isn't. Every situation is looked at in its own merits. And I think that's important - that we don't develop generic standard for everybody because every situ- ation is different," said Tom Prout, General Manager of ABCA. Prout defends the authority's floodplain regulations. "The fact still remains though, despite the fact that the Dicks were successful, they're still in a floodplain. We have photographs of the property flooded. The purpose of that particular regulation is to try and keep people out of areas that are subject to flooding. That's been proven to be far cheaper to prevent the problem that to pay to clean it up after it happens. That's still there. We have to look at that when the next person comes in. In other words, if somebody with land beside the Dicks comes in says, "I'd like to build, then we have to look at each one indi- vidually...We'll just keep assessing them as individual applications because we still have that mandate to keep people out of floodplains." The general manager of the ABCA talked about the recent flooding in Bayfield earlier this month. Odds of winning What are the odds of an individual winning an appeal at the level the Dicks did? "The odds of winning are one or two percent. There haven't been many favourable deci- sions against any conservation authority by any Mining and Lands Commissioner. This isn't the first appeal that's been granted but it certainly one of very few that have been granted," said Terri Marzo, who successfully represented her parents at the tribunal. Marzo has been an at-home mother for eight years and had no legal training prior to the tribunal. She has since taken a course in alternative dispute resolution, a course attended mostly by lawyers. What was their reaction to her successful case against the ABCA? "They're quite surprised because I've been told I've accomplished something a lot of lawyers have been unable to accomplish. They're quite pleased with the decision. They say it's a big decision. The lawyers I've spoken to said its the first time to their knowl- edge that cost has been awarded." (In addition to the Mining and Lands Commis- sioner granting the Dicks per- mission to build in his order, the tribunal also awarded a lump sum of $500 in costs to the couple to be paid by the ABCA) t rKI��� as of August 8/95 Hensall Livestock Sales .Limited • will be located at our new Kippen location, 1/2 mile east of Kippen on County Rd. 12 . Receiving hogs ' Tuesday and Wednesday 7 a.m. - 12 noon , Sorting fat cattle Friday for Talbotville Sale A Picking up cows and veal Saturday mornings Stockers and feeder cattle arriving daily A New Telephone •; 519-263-5370 `, Mobile 519-661-8956 0, Barry Miller 519-235-2717 ' Jeff Wareing 519-263-2941 sJsf r isiiii�iilei ii�iii ��er_i�i�.v _i �'e��'�J J Community Calendar WED., AUG. 9 1:30-4:00 p.m. - Senior Shuffleboard at the Arena 6:30-8:00 p.m. - Squirt Boys' Fastball at the High School, North Diamond 6:30-7:30 p.m. - T -Ball at the High School South Diamond 6:30-8:30 p.m. - Houseleague Soccer at the Optimist Park 7:00-8:30 p.m. - Fitness/Step Training at the Arena with Drusilla 8:00-10:00 p.m. - Men's Roller Hockey at the Arena 9:00-10:30 p.m. - Swingers. Slo-Pitch at the Optimist Park THURS., AUG. 10 6:30-7:30 p.m. - Jr. Mite Fastball at the High School South Diamond FRI., AUG. 11 6:30-9:30 p.m. - Squirt Boys' Fastball Playoff Toumament at High School, Lions and Optimist 7:00-8:30 p.m. Mite Boys' Fastball at the Highschool South Diamond SAT, AUG. 12 9:00=4:00 p.m. -Squirt Boys' Fastball Playoff Tournament at the Highschool and Lions Park SUN., AUG. 13 8:00-11:00 p.m. Men's SIo-Pitch at the Lions and Optimist Parks MON., AUG. 14 12:00-1:00 a.m. Aqua Flt at the Lions Pool 6:15-8:15 p.m. -Junior Houseleague Ball at the Highschool South Diamond 7:00-9:30 p.m. - Sign Language at the Arena 7:00-10:30 p.m. - Bingo at Arena - Hall opens at 6:30 p.m. 8:00-10:00 p.m. - Men's StaPltch at the Lions and Optimist Parks TUES., AUG. 15 9:00-10:00 a.m. - Fitness Is Fun at the Arena with Drusilla 10:00-11:00 a.m. - Line Dancing with Drusilla at the Arena 6:30-7:30 p.m. - Senior Houseleague Ball at the Highschool South Diamond 7:00-8:30 p.m. - Ladles' Rec. League at the Lions Park 8:00-10:15 p.m. - Harmony HI-Lites practice at the Public School 8:00-11:00 p.m - Men's SIo-Pitch at the Lions and Optimist Parka WED. , AUG. 16 1:30-4:00 p.m. - Senior Shuffleboard at the Arena 6:30-7:30 p.m. - T -Ball at the Highschool South Diamond 6:30-8:00 p.m. - Minor Soccer at Optimist Park (Jr.•6:30 • Sr.- 7:30) 7:00-8:30 p.m. - Fitness/Step Training at the Arena with Drusilla 9:00-10:30 p.m. • Swingers' Sio- Pitch at the Optimist Park If you're organizing a non-profit event of interest to other Seaforth area residents, phone the recreation office 527-0882 or the Expositor at 527-0240, or mail the information to Community Calendar, The Huron Expositor, Box 89, Seaforth, Ontario, NOK 1 WO well in advance of the scheduled date. Free listing includes date, time, name of event end location only. Space for the Community Calendar is donated by The Huron Expositor. the other side of a concession road, for the construction of residences, additions and accessory buildings. After receiving permission from the ABCA, the landowner would apply to the township for a building permit. The Defore Acres subdivision is also located in the floodplain. Some of the houses in Defore Acres have been constructed with basements. The propose design of the house on the Dick property does not have a basement. An engineering study in 1988 revealed the flood elevation for the area as 180.65 metres, the elevation for the Dick property as 180.55 metres and the elev- ation for Defore Acres as 180 metres. There is no registered plan of subdivision for Defore Acres because the registry Act at the time did not require that. In 1991, the ABCA under- took their Flood Reduction Works program to reduce the threat of flooding by berming the area between the Ausable River Cut and properties in the floodplain. Peter Hegler, engineer and Commissioner of Works for Bosanquet since 1990, was called as a witness by the appellants at the tribunal. Hegler testified that with the flood reduction works, includ- ing the berming on the appellant's property, the risk of flooding was reduced. Any problem of access or egress during a period of flooding in the area was addressed by the town's emergency response plan. The town's, pumping system can pump up to 90 million gallons a day, which Hegler felt was sufficient. The prosed structure would have no immediate effect on the risk of flooding to adjacent properties since the house would only be four to six inches below the regulatory flood elevation, according to the tribunal report. Alec Scott, Water Planning Manager for the ABCA, con- ceded to the tribunal that the ABCA had given permission to landowners in Defore Acres to build residences on sites that were at a greater risk of flood- ing than the site proposed by the Dicks. "It was Mr Scott's position that if the ABCA were to have granted permission to the appli- cants, it would have served as a precedent, and would make it difficult to refuse permission to other landowners who might wish to build a home in a area designated Rural Environmental Protection," stated the report of the tribunal. "While it is necessary to have policies, these are not law," stated Terri Mario in making her case. "The facts here are unique; the subject property is the last partially developed lot outside of the Defore subdivi- sion. A building permit was issued tot he previous owners, and other services and facilities were provided. The ABCA does not dispute that the pro- posed residence can be suitably flood -proofed," stated Mario. The intent of the SPA for the Thedford Klondyke area was that additional development would be allowed in the Defore Subdivision, to the west of the access road to the Dick prop- erty, stated the tribunal report. "It is not the opinion of the ABCA that the subject lot has the same 'status' as the lots within the Defore Subdivision," according to the report. "Is the policy of the ABCA at issue here reasonable? I have concluded that it is not," stated the Deputy Mining and Lands Commissioner in his con- clusions. "It has already been conceded that there is no such thing as a 'Registered .Development Plan' under current legislation. The policy of the ABCA means that, unless a landowner can persuade the ABCA that his or her property is within some registered development plan, they will be denied permission to construct a non-agricultural residence," stated Goodman. "This is so regardless of the state of development of the property, the risk of flooding, and whether the proposed construction will affect the control of flooding or the con- servation of the land." Goodman captures a sense of the ordeal Douglas and Marilyn Dick have been through with his closing statements. "The appellants have been caught up in veritable bureau- cratic nightmare, being batted like a pinpong ball between the ABCA and the town. The ABCA says it is only imple- menting the Special Policy Area provisions of the town's Official Plan and zoning by- law and the appellants must obtain appropriate amendments to these documents before it will consider granting per- mission. "The town, on the other hand supports the application. Apart from the designation and zon- ing of the subject property, there is virtually nothing to distinguish it from properties within Defore Acres for which permission was granted when considering site factors such as elevation, proposed flood - proofing and access and egress. Authority won't appeal BY DAVID SCOTT SSP News Staff The Ausable Bayfield Con- servation Authority (ABCA) does not see a successful appeal of an ABCA decision on floodplain building as pre- cedent -setting. Recently, the Mining and Lands Commissioner of Ontario ruled in favour of Marilyn and Douglas Dick's appeal against the ABCA to build on a lot in Bosanquet that is located on a floodplain. What is the ABCA's reaction to the decision? "In this case it worked out in the favour of the applicant. And that's the process. We're not going to object or appeal. That's the mechanism that's there for the public. The Dicks used it in this case and they came out successful...It could have been in our favour. Some- times it is, sometimes it isn't. Every situation is looked at in its own merits. And I think that's important - that we don't develop generic standard for everybody because every situ- ation is different," said Tom Prout, General Manager of ABCA. Prout defends the authority's floodplain regulations. "The fact still remains though, despite the fact that the Dicks were successful, they're still in a floodplain. We have photographs of the property flooded. The purpose of that particular regulation is to try and keep people out of areas that are subject to flooding. That's been proven to be far cheaper to prevent the problem that to pay to clean it up after it happens. That's still there. We have to look at that when the next person comes in. In other words, if somebody with land beside the Dicks comes in says, "I'd like to build, then we have to look at each one indi- vidually...We'll just keep assessing them as individual applications because we still have that mandate to keep people out of floodplains." The general manager of the ABCA talked about the recent flooding in Bayfield earlier this month. Odds of winning What are the odds of an individual winning an appeal at the level the Dicks did? "The odds of winning are one or two percent. There haven't been many favourable deci- sions against any conservation authority by any Mining and Lands Commissioner. This isn't the first appeal that's been granted but it certainly one of very few that have been granted," said Terri Marzo, who successfully represented her parents at the tribunal. Marzo has been an at-home mother for eight years and had no legal training prior to the tribunal. She has since taken a course in alternative dispute resolution, a course attended mostly by lawyers. What was their reaction to her successful case against the ABCA? "They're quite surprised because I've been told I've accomplished something a lot of lawyers have been unable to accomplish. They're quite pleased with the decision. They say it's a big decision. The lawyers I've spoken to said its the first time to their knowl- edge that cost has been awarded." (In addition to the Mining and Lands Commis- sioner granting the Dicks per- mission to build in his order, the tribunal also awarded a lump sum of $500 in costs to the couple to be paid by the ABCA)