Drainage assessment reduced due to rugged land topography; non-agricultural designation upheld based on actual use.
The appellant appealed the engineer's report regarding the Clark-Pratt Drain 1994, objecting to the non-agricultural designation of her lands and the amount of her assessment.
The Ontario Drainage Tribunal upheld the non-agricultural designation, finding the lands were not used for agricultural purposes regardless of zoning or size.
However, the Tribunal found the benefit assessment for the Main Drain was too high given the rugged nature of the lands and reduced it by $1,000, redistributing the cost to the initiating petitioner and the Ministry of Transportation.
Ilse Grosberg v. Township of Norwich, 1995 ONAFRAAT 30
