Drainage construction appeal dismissed but monetary compensation ordered for unauthorized changes benefiting neighbour.
The appellants appealed the quality of construction of a municipal drain, arguing it deviated from the Engineer's Report.
The Township applied to amend the by-law to reflect the 'as-built' conditions.
During construction, changes were made to water retention terraces without the appellants' knowledge or the Engineer's prior approval, benefiting a neighbouring landowner while placing the burden of water retention entirely on the appellants.
The Tribunal found the drain functioned satisfactorily and declined to order reconstruction.
However, the Tribunal ordered monetary adjustments to compensate the appellants for the unfair process and the neighbouring landowner's unearned benefits, and approved the addendum to the Engineer's Report.
Edward and Brenda Czerniawski v. Township of East Zorra-Tavistock, 1998 ONAFRAAT 25