Herbert H. Todgham

The Township of Aldborough applied under section 58(4) of the Drainage Act to amend a by-law to reflect the as-built location of a drainage works, which deviated from the planned location due to a construction error.

The affected landowner and the County of Elgin consented to the as-built location.

The Ontario Drainage Tribunal found that while the situation was a construction error rather than a gross error in the report, it was appropriate to use its authority under section 51(1) to order an amendment to the report and by-law to avoid the cost of rebuilding the works.

The appellant appealed his assessment for the improvement of the Escott Drain, which involved enclosing a portion of the open drain along a road allowance.

The appellant argued the drain should remain open and objected to the assessment.

The Tribunal found the assessment equitable, noting the benefits to the appellant's lands, including eliminated cleanout costs, reduced maintenance, and enhanced property value.

The appeal was dismissed.