Municipal drain relocation report remitted to engineer to enclose drain on appellants' fruit farm and revise allowances.
The appellants appealed an engineer's report and a Court of Revision decision regarding the relocation of a municipal drain across their fruit farm.
They argued the proposed open ditch would sever their property, destroy mature fruit trees, and that they were inadequately compensated and unfairly assessed.
The Tribunal ordered the engineer to revise the report to enclose the portion of the drain crossing the appellants' property, to revisit the allowances to account for actual land use and tree damage, and to cap the benefit assessment to the appellants at 15% of the cost of the abutting works.
Heinz E. Probst and Christine L. Probst v. Town of Niagara-on-the-Lake, 2004 ONAFRAAT 19