jswizzle3737/ontario_laws_and_regs huggingface dataset:
111 (1) Proceedings for the determination of claims and disputes and for the recovery of damages, or for an order directing or restraining the doing of any act or thing shall be instituted by serving ten clear days notice setting forth the grounds of the claim upon all persons concerned.  R.S.O. 1990, c. D.17, s. 111 (1). Notice filed in Superior Court of Justice (2) A copy of the notice with an affidavit of service thereof shall be filed with the local registrar of the Superior Court of Justice for the area in which the initiating municipality is situate, and the notice shall be filed and served within two years from the time the cause of complaint arose.  R.S.O. 1990, c. D.17, s. 111 (2); 2001, c. 9, Sched. A, s. 1. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001
112 All affidavits intended to be used in support of a motion shall be filed with the local registrar of the Superior Court of Justice not fewer than five days before the return day of the motion.  R.S.O. 1990, c. D.17, s. 112; 2001, c. 9, Sched. A, s. 1. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001
113 The referee may, where he or she considers it proper, extend the time otherwise limited for appeals or other proceedings.  R.S.O. 1990, c. D.17, s. 113.
114 When the referee proceeds partly on view or on any special knowledge or skill possessed by him or her, he or she shall put in writing a statement thereof sufficiently full to allow the Divisional Court to form a judgment of the weight that should be given thereto, and he or she shall state as part of his or her reasons the effect given by him or her to such statement.  R.S.O. 1990, c. D.17, s. 114.
115 The decision of the referee, with the evidence, exhibits and statement, if any, of inspection or of technical knowledge and the reason for his or her decision, shall be filed in the office of the local registrar of the Superior Court of Justice for the area in which the initiating municipality is situate, and notice of the filing shall be sent by the clerk, as soon as reasonably possible, to the solicitors of the parties appearing by solicitor and to the other parties not represented by a solicitor, and also to the clerk of each municipality affected.  R.S.O. 1990, c. D.17, s. 115; 2001, c. 9, Sched. A, s. 1; 2010, c. 16, Sched. 1, s. 2 (38). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001 2010, c. 16, Sched. 1, s. 2 (38) - 25/10/2010
116 A copy of the decision certified by the referee or clerk of the court shall be sent or delivered, (a) to the Minister without charge; and (b) to the clerk of every municipality interested in the drainage works in question upon receipt of the sum chargeable therefor.  R.S.O. 1990, c. D.17, s. 116.
117 The provisional by-law or the by-law of the initiating municipality and of any other municipality interested shall be amended so as to incorporate and carry into effect the decision of the referee or such decision as varied on appeal, as the case may be.  R.S.O. 1990, c. D.17, s. 117.
118 (1) Except as provided by subsections (2), (3) and (4), all damages and costs payable by a municipality and arising from proceedings taken under this Act shall be levied upon the lands and roads in any way assessed for the drainage works for construction, improvement, maintenance or repair in such manner as the referee or court may determine, and may be assessed, levied and collected in the same manner as rates assessed, levied and collected for maintenance under this Act.  R.S.O. 1990, c. D.17, s. 118 (1). Municipality in default to pay costs (2) Where such damages and costs become payable owing to any improper action, neglect, default or omission on the part of the council of any municipality or of any of its officers or employees in the construction, improvement, maintenance or repair of the drainage works or in carrying out the provisions of this Act, the referee or court may direct that the whole or any part of such damages and costs shall be borne by the municipality and be payable out of the general funds thereof.  R.S.O. 1990, c. D.17, s. 118 (2). In cases of settlement (3) Where in any such proceedings by or against a municipality a settlement is made, the damages and costs payable under the terms of the settlement by any municipality shall be borne and paid as directed by the referee or court, and in making such direction, the referee or court shall have regard to the provisions of subsection (2).  R.S.O. 1990, c. D.17, s. 118 (3). Where extension of drainage works necessary (4) Where, in the opinion of the referee or court, damages and costs have become payable by reason of the insufficiency of the capacity or outlet of a drainage works and it is necessary in order to prevent a continuance of such damage to improve the drainage works, the referee or court may permit the council of the municipality to add such damages and costs to the engineer’s estimate of the cost of any such improvement.  R.S.O. 1990, c. D.17, s. 118 (4).
119 Where an action is brought or is pending before the court of revision or the Tribunal or the referee and the matter should properly be heard by one of the other tribunals, the action may be transferred to the other tribunal without invalidating the proceedings provided the action was launched within the time limits prescribed in this Act.  R.S.O. 1990, c. D.17, s. 119; 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006
120 (1) Where an action is brought or is pending and the court in which the action is brought or is pending or a judge thereof is of opinion that the relief sought therein is properly the subject of a proceeding under this Act or that it may be more conveniently tried before and disposed of by the referee, the court or judge may, on the application of either party, at any stage of the action make an order transferring it to the referee on such terms as appear just, and the referee shall thereafter give directions for the continuance of the action before him or her.  R.S.O. 1990, c. D.17, s. 120 (1). Limitation (2) This section applies only where the action is brought within the period limited by this Act for taking proceedings on notice.  R.S.O. 1990, c. D.17, s. 120 (2). Appeal to Divisional Court
121 Except as otherwise provided in this Act, the decision of the referee or acting referee may be appealed to the Divisional Court within thirty days after the filing thereof with the local registrar of the Superior Court of Justice or within such further time as the referee or Divisional Court may allow.  R.S.O. 1990, c. D.17, s. 121; 2001, c. 9, Sched. A, s. 1. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001 General
122 (1) Where it is considered necessary or expedient to extend a drainage works constructed under this Act from Ontario into or through lands in an adjoining province, or to extend a drainage works from an adjoining province into or through lands in Ontario, the Lieutenant Governor in Council may authorize the Minister to enter into an agreement with a designated officer of the adjoining province as to the proportion of the cost of any drainage works in the adjoining province to be borne and paid by Ontario and as to the proportion of the cost of any drainage works in Ontario to be borne and paid by the adjoining province.  R.S.O. 1990, c. D.17, s. 122 (1). Apportionment of cost (2) Where such a drainage works extends from Ontario into or through lands in an adjoining province, the Minister may order a local municipality in Ontario in which the lands affected by the drainage works are situate to provide funds to pay for the proportion of the cost of the drainage works in the adjoining province to be borne and paid by Ontario, and thereupon this Act applies with necessary modifications to such drainage works.  R.S.O. 1990, c. D.17, s. 122 (2). Extension of drainage works from adjoining province (3) Where a drainage works extends from an adjoining province into or through lands in Ontario, the Minister may order a local municipality into which the drainage works extends to provide for the construction of the necessary drainage works, and thereupon this Act applies with necessary modifications to such drainage works, and the contribution to the drainage works from the other province shall be paid to such local municipality on the completion of the drainage works.  R.S.O. 1990, c. D.17, s. 122 (3).
123 The Minister in his or her discretion and from time to time may prescribe the manner in which a drainage works shall be initiated and carried out in territory without municipal organization and the manner in which and the terms and conditions under which grants may be made.  R.S.O. 1990, c. D.17, s. 123.
124 Where the Minister declares that an emergency exists, the council of a municipality may authorize emergency work under this Act before obtaining and adopting an engineer’s report.  R.S.O. 1990, c. D.17, s. 124.