The appellants appealed an engineer's report under the Drainage Act regarding the Brown/Iona Road Drain.
They argued their property would not benefit from the drain, the compensation for potential damage to a sugar maple tree and crop loss was inadequate, and the drain should be relocated.
The Tribunal found that the tree was on municipal property and no compensation was warranted, and that the allowances for crop loss were fair.
The Tribunal also found the appellants' property benefited from an improved legal outlet, confirming their assessments.
However, with the agreement of the parties, the Tribunal ordered the engineer to amend the report to relocate the road crossing to protect the sugar maple tree, with the additional costs assessed to the road authorities.