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Fred and Moira Daubert, Karin Gagne, Barbara and Andy Huard, and Joseph Pruyn appealed to the Agriculture, Food and Rural Affairs Appeal Tribunal under Subsection 54(1) of the Drainage Act from decisions of the Court of Revision on the Baer Municipal Drain (the Drain) dated December 16, 2010.
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At the commencement of the Hearing, the Tribunal raised an issue with respect to the legal status of the Engineer's Report titled "Baer Municipal Drain - Final Engineer's Report, Town of Fort Erie", dated April 2010 (the Report) before it. The Report was prepared by Paul Douglas Smeltzer, an Engineer with Amec Earth and Environmental, Burlington, Ontario.
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