Drainage assessment appeal allowed; appellants' benefit assessment reduced by 50% due to prior improvements.
The appellants appealed the decision of the Court of Revision regarding the benefit assessment for the reconstruction of a municipal drain under the Drainage Act.
The appellants argued that they had already paid for a previous drain improvement in 2014 that met their needs, and that the new drain primarily benefited upstream landowners by providing a deeper outlet.
The Tribunal accepted the evidence of the appellants' expert that the benefit assessment should consider the area of lands receiving benefit rather than just the length of the drain on each property.
The Tribunal ordered a 50% reduction in the appellants' benefit assessment, reallocating the costs pro-rata among the other assessed lands.
Anderson v. Municipality of West Perth, 2026 ONAFRAAT 10
