Tribunal orders municipality to appoint engineer for preliminary drainage report at appellants' sole expense.
The appellants appealed a municipal council's decision to deny their petition for drainage works under the Drainage Act.
The appellants argued that their lands required better drainage and requested the appointment of an engineer to assess the municipal drain's capacity.
The municipality and other assessed landowners opposed the petition, arguing the drain was recently cleaned and functioning properly.
The Tribunal found the petition invalid under Section 4 but, noting the appellants' offer to fund a preliminary report, ordered the municipality to appoint an engineer to prepare a preliminary report at the appellants' sole expense.
Lois M. Hayter and W. Glenn Hayter v. Municipality of Bluewater, 2002 ONAFRAAT 6