Engineer's account for municipal drain project confirmed despite finding of shared responsibility for project's impracticality.
The Township of Longueuil applied to the Ontario Drainage Tribunal to review the account of McNeely Engineering Consultants Limited for work on the Mill Creek Municipal Drain.
The Township argued that the engineer should have advised earlier that the project was impractical under section 40 of the Drainage Act and that fees incurred after that point should not be paid.
The Tribunal extended the time for filing the application under section 100 of the Act.
The Tribunal found deficiencies in the engineer's work but concluded that the responsibility was shared between the engineer, the municipal council, and the ratepayers.
The Tribunal confirmed the engineer's accounts up to the April 17, 1996 hearing and ordered the engineer to provide all original information to the Township.
Township of Longueuil v. McNeely Engineering Consultants Limited, 1996 ONAFRAAT 24