Bill Sears

The appellants appealed the decision of the Court of Revision and the engineer's report regarding the Lewis and Maple Avenue South Drains.

The Tribunal confirmed the assessments for the Lewis Drain as modified by the Court of Revision.

For the Maple Avenue South Drain, the Tribunal found the work was required but modified the assessment schedule to reflect that the major factor contributing to the need for the work was the construction of berms by one of the appellants, assessing a special benefit to that owner.

Three landowners appealed an engineer's report recommending repair and improvement of the Florent-Chretien Drain, arguing the benefits were not commensurate with costs and raising environmental concerns about water quality and beaver dams.

The Tribunal dismissed the appeals, finding the agricultural benefits of the drainage works justified the costs and that the appellants' environmental concerns, while valid, were better addressed in other forums.

The Tribunal ordered minor modifications to the engineer's report to include natural sediment basins and clarify buffer strip widths.

The appellant association of milk transporters appealed a decision by the respondent dairy board granting a 2% increase in the labour component of the Transport Rate Formula for 2000, seeking a 3% increase instead.

The appellant argued that milk truck drivers perform specialized duties as bulk tank milk graders and that a 3% increase was necessary to remain competitive with industry-wide wage growth.

The respondent contended that the 2% increase was equitable as it matched the increase given to its own staff.

The Tribunal granted the appeal, finding that current market factors and industry wage settlements supported a 3% increase.

The Township of Zorra applied to the Agriculture, Food and Rural Affairs Appeal Tribunal to modify a bylaw regarding the Cartmale Drain.

During construction, a Bell Canada fibre optic cable was discovered, requiring the drain to be relocated.

The Tribunal approved the requested amendments to the bylaw, including assessing the increased costs of the relocation to Bell Canada.

The County of Elgin appealed an engineer's report regarding the Greer Drains #1 and #2 Outlets under the Drainage Act.

The County argued that the proposed 2-year storm design standard was excessive and that the assessments charged to the County for outlet and benefit were disproportionately high.

The Tribunal found that the proposed design, which accommodated the entire storm flow in the tile drain, was unnecessary and directed the engineer to reconsider the design to utilize the combined capacity of the tile and the existing grassed waterway.

The Tribunal also found that the benefit assessment to the County road was too high and that upstream properties relieved of drainage problems should be assessed for benefit.

The Tribunal ordered the report to be referred back to the engineer for reconsideration and adjustment of the assessments.

The appellants appealed the engineer's report and assessments for the Bartlett Creek Municipal Drain Downstream Section under sections 48 and 54 of the Drainage Act.

They argued the report was incomplete, the benefits were not commensurate with the costs, and their individual assessments were excessive.

The Tribunal dismissed the section 48 appeal, finding the report complete and the benefits commensurate with the costs.

The Tribunal partially granted the section 54 appeal, ordering modifications to the assessment schedules to properly account for special benefits and to remove certain prior consulting and carrying charges from the project's estimated costs.

Costs of $750 were awarded against two of the appellants for bringing a frivolous appeal.