The appellant appealed the allocation of $15,000 in engineering costs assessed against his property for a proposed improvement to a municipal drain.
The appellant had requested the improvement but later withdrew the request.
The municipality then instructed its engineer to prepare a report under section 40 of the Drainage Act stating the works were not required, resulting in additional costs.
The Tribunal found that the initial $9,000 in engineering work benefited all properties in the watershed and should be assessed against the drain under the existing by-law.
The Tribunal further held that the municipality erred in directing a section 40 report, and ordered the remaining $6,000 to be paid out of the municipality's general funds.