Theresa Whalen-Ruiter

The appellant ski club appealed an outlet liability assessment for proposed drainage works on the Ford Outlet Drain.

The Engineer had assessed the appellant's lands, despite them being riparian, on the assumption that the appellant's snow-making operations constituted an unreasonable use of the natural watercourse.

The Tribunal found that the appellant did not make snow within the watershed and did not discharge snow-melt into the natural watercourse.

Consequently, the appellant was not making an unreasonable use of the watercourse, and its outlet liability assessment was reduced to zero.

The resulting shortfall was reapportioned as benefit assessments against other properties and roads, including Highway No. 26, which the Tribunal found was the primary beneficiary of the proposed culvert replacement.

The appellant ski resort appealed an outlet liability assessment for a proposed drainage works.

The appellant argued that as a riparian owner, its lands should not be assessed.

The Tribunal found that while the appellant's use of the natural watercourse for snow-making was not unreasonable, the appellant was importing foreign water from outside the watershed.

The Tribunal held that the appellant's lands were liable for outlet assessment only for the foreign waters discharged into the natural watercourse.

The assessment was reduced from $23,040 to $6,000, with the balance levied against the Ministry of Transportation.