EXPERT WITNESS / ADVICE

UTRCA vs. Howe, Upper Thames River Conservation Authority (UTRCA), Woodstock, ON

Brad Fairley testified in the UTRCA vs. Howe case in the Oxford County Courthouse (Photo from Tourism Oxford)

Following the discovery that a farmer had placed 180 metres of stream channel in a pipe to increase the area of his farm, UTRCA charged the landowner under the Conservation Authorities Act and ordered him to restore the stream.  In the ensuing court case, the landowner’s defence was predicated on the idea that now that the stream was in a pipe that it was impossible to restore.  5SSR Staff was retained by UTRCA to testify that the stream could be restored.  During testimony, Brad Fairley was able to draw on his experience with successfully daylighting streams that had been place in pipes and buried.  The UTRCA won the case with the judge stating in his decision that Mr. Fairley’s testimony was credible and compelling.

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