Drainage Act appeals dismissed as downstream owners failed to prove the proposed work lacked sufficient outlet.
The appellants, downstream landowners, appealed an engineer's report proposing repair and improvement of the Short Drain Branches A and B. They argued the work should be delayed pending a report on the main drain, claiming it lacked sufficient outlet.
The Tribunal dismissed the appeals, finding the appellants failed to provide cogent evidence on any issues and that the main drain provided a sufficient outlet.
The Tribunal concluded the appeals were primarily intended to obstruct the municipality's statutory duty to maintain the drains, and ordered the appellants to pay a total of $4,000 in costs.
Short Drain, Branches A and B (Re), 2000 ONAFRAAT 25