James McIntosh

The Town of Fort Erie applied to correct an engineer's report regarding the Zavitz Municipal Drain.

The Tribunal previously granted the appeal, ordered amendments to the report, and awarded compensation to a landowner, Mr. Clee, for property damage.

In this costs decision, the Tribunal determined the apportionment of costs.

The Tribunal awarded Mr. Clee his legal and consulting fees, and awarded the Town its engineering costs for the amended report.

The Tribunal ordered the City of Port Colborne to pay these costs out of its general funds, finding that the City's Drainage Superintendent caused the significant errors and that assessing the costs against the watershed would be inappropriate.

The initiating municipality applied to the Tribunal under section 58(4) of the Drainage Act to correct gross errors in an engineer's report for a municipal drain.

The proposed modifications included upgrading two culverts, adjusting a trail grade line, and relocating the working platform to the north side of the drain.

A landowner objected to the relocation of the working platform, as the municipality's drainage superintendent had already improperly directed a contractor to clear trees on his property contrary to the original approved report.

The Tribunal approved the engineering modifications as they did not adversely affect the drain's capacity.

However, the Tribunal ordered the municipality to pay the landowner $8,000 in compensation for the unauthorized removal of his tree buffer, which is not to be assessed to the drain's cost.