E.C. Brisco

The appellants appealed under section 51 of the Drainage Act, requesting the installation of a pump at the outlet of the Point Abino Drain to alleviate extensive flooding in downstream areas.

The Ontario Drainage Tribunal ordered the City of Port Colborne to proceed with the installation of the previously designed low-lift pump.

The Tribunal also ordered a special one-time assessment on downstream owners to cover engineering fees for the hearings, and directed the preparation of a Preliminary Report to investigate a potential second outlet into Lake Erie.

Appeals were brought regarding the Point Abino Municipal Drain in the City of Port Colborne.

The drainage basin experienced flooding and health hazards.

The Tribunal heard conflicting evidence from upstream and downstream owners.

The Tribunal ordered the City to adopt the revised engineer's report subject to amendments, including the deletion of a pumping station at the outlet, the removal of work and assessment on the Haggerty property, and a review of contiguous unsevered lots for minimum assessment.

The Tribunal also requested the City to seek available grants or subsidies due to the residential and conservation nature of the project.