STAFF REPORT
January 31, 2000
To: Toronto Community Council
From: David F. Parrish, Director of Districts 1 and 2 Water and Wastewater Operations
Subject: Drain Grant Appeal for 69 Woodrow Avenue
Ward 26, East Toronto
Purpose:
An appeal to a Drain Grant Claim has been made by the property owner, Mrs Jaqueline Campbell of 69 Woodrow Avenue.
The applicant is seeking reimbursement over and above the limits of the former City of Toronto Drain Grant Program.
Financial Implications:
There are currently sufficient funds in the Water and Wastewater Services Division's 2000 Preliminary Operating Budget
to cover this appeal.
Recommendation:
It is recommended that Toronto Community Council deny the appeal.
Background:
City Council, at its meeting of May 11 and 12, 1999 adopted, as amended, Clause 3 of Works and Utility Committee
Report No. 7, entitled "Sewer Connection Blockage Inspection and Repair Program, and Tree Root Removal and Grants
Policy". Under the Policy the City provides grant assistance for repairs to private drains between the City property line and
the building where the blockage is the result of roots from a City tree.
The Policy also provides the homeowner the opportunity to appeal for an enhanced grant and appear in deputation before
Community Council when the grant application is denied or when total costs exceed the grant maximum.
In 1986, a claim for damages to the drain at 69 Woodrow Ave. due to roots from a City tree was submitted totaling
$700.00. The City reimbursed $500.00. Again in 1993, a claim for damages to the drain at 69 Woodrow Ave. due to roots
from a City tree were submitted totaling $1,364.25, of which the City reimbursed $1,300.00. The City also removed the
tree on City property and planted a new tree.
On March 5, 1999, further drain expenses were incurred by Mrs. Campbell due to tree roots from the removed City tree
causing damage to the drain system in her basement. Drain repair invoices totaling $2,568.00 were submitted on March
11,1999 for consideration under the Drain Grant Program. Mrs. Campbell was reimbursed the maximum grant of
$1,000.00 as per the policy of the former City of Toronto.
Mrs. Campbell was advised she could appeal to the Court of Revision and be considered for additional reimbursement.
Mrs. Campbell subsequently filed an appeal with the Court of Revision. The appeal was heard on November 17, 1999 and
was dismissed.
Staff have reviewed this appeal and have determined that there are no extenuating circumstances. Staff noted that under the
new Tree Root Removal and Grants Policy, drain repairs under the house are not eligible for grant assistance.
Comments:
Mrs. Campbell's request for reimbursement was processed under the former City of Toronto's Drain Grant Policy prior to
May 11, 1999. A maximum grant of $1,000 was awarded and a follow up appeal to the Court of Revision was dismissed. If
Mrs. Campbell's request had been processed under the new policy no grant assistance would have been awarded.
Reconsidering staff or Court of Revision decisions made for any grant application that was finalized prior to May 11, 1999
could set a costly precedent. Funding has not been provided in the Water and Wastewater Division's 2000 Preliminary
Operating Budget to cover any additional costs from appeals that were appropriately administered under former policies.
Conclusions:
Mrs. Campbell's original applications for grant approval and subsequent appeal to the Court of Revision were appropriately
administered under the policies of the former City of Toronto. As noted, there are no extenuating circumstances that
effected the cost of the repairs that were carried out on March 5, 1999. Any additional award could set a costly precedent
for all other grant applications processed prior to May 11, 1999. As such, this appeal should be denied.
Contact:
Mike Siokalo, Manager of Operations and Maintenance
District 1, Area 1 Water and Wastewater Operations
Phone: 392-9331
Fax: 392-0378 E-Mail: msiokalo@toronto.ca
David F. Parrish, P.Eng.
Director of Districts 1 and 2 Water and Wastewater Operations
Water and Wastewater Services Division
MS/bmk
