Request to review Tribunal decision on municipal drain modifications denied; Tribunal had jurisdiction to alter report.
The requesters, Dave and Mary Gardner, sought a review of a previous Tribunal decision regarding the Foreman Municipal Drain Improvement.
They argued they were unfairly drawn into an appeal under section 64 of the Drainage Act and that the Tribunal lacked jurisdiction to modify the original engineer's report by incorporating new tile mains across their property and fixing an allowance.
The Vice Chairman denied the request for review, finding no significant new evidence, no material error of law or fact, and that the Tribunal had jurisdiction under sections 51(1) and 101 of the Drainage Act to make the modifications.
The public interest in finality outweighed the alleged prejudice to the requesters.
Dave Gardner and Mary Gardner v. City of London, 2002 ONAFRAAT 4