Gordon Hill

Several ratepayers appealed an engineer's report and a Court of Revision decision regarding the proposed Scotchmer Drain under the Drainage Act.

The appellants argued that the proposed drainage works primarily benefited only two properties and that the assessments were unfair.

The Tribunal found that the existing drainage facilities were failing, causing erosion and flooding, and that the proposed project was necessary and cost beneficial.

The Tribunal also concluded that the assessments were appropriate, as the project provided a legal outlet for drainage water from all assessed properties.

The appeals were dismissed, and the engineer's report was confirmed with minor modifications.

The appellant appealed the decision of the Court of Revision regarding assessments for the Jermyn Municipal Drain, requesting that all assessments for benefit and outlet be removed from her property and that no drain be installed.

The appellant argued that a portion of her land would never be cleared for agricultural purposes and should not be assessed for benefit.

The Tribunal found that the property would receive a benefit from the drain as it provides positive control of water flow and potential for increased productive land.

The Tribunal concluded that the engineer used proper methodology and the appellant was treated fairly in relation to other landowners.

The appeal was dismissed.

The appellants, dairy farmers, appealed a decision by the Dairy Farmers of Ontario not to cancel positive inhibitor test results and the associated penalties and load liability costs.

A milk sample from their farm tested positive for penicillin, resulting in the contamination and disposal of an entire truckload of milk.

The appellants argued the contamination must have occurred off-farm, as they were not treating cows with penicillin.

The Tribunal dismissed the appeal, finding no errors in sample handling or testing, noting the presence of antibiotics on the farm, and emphasizing the producers' failure to keep permanent treatment records.

The Tribunal held that responsibility for the milk remains with the producer.