Yvon Simoneau

The appellant appealed the engineer's report and the decision of the Court of Revision regarding the incorporation of an existing private drain as a municipal drain.

The appellant argued that the drain was not required, its location should be changed, and the assessments were unfair.

The Tribunal found that a municipal drain was required but expressed concern over the condition of the existing private drain.

The Tribunal ordered the report referred back to the engineer to determine if the drain could be connected to a sanitary sewer, and if not, to redesign the drain to current provincial standards with a route closer to the appellant's property line.

The Tribunal also adjusted the benefit assessments between the properties.

The appellants appealed the engineer's report and the decision of the Court of Revision regarding the Evert Drain under sections 48 and 54 of the Drainage Act.

They challenged the assessments on their properties, the assessment on the Evert property, and the allowances provided to the municipality for constructing branch drains.

The Tribunal found that the assessments for statutory benefit and outlet liability were appropriate and within the acceptable range.

The Tribunal also found that while the municipality's process of constructing the branch drains before the report was finalized was flawed, the allowances provided were lower than the actual costs and therefore fair.

The appeals were dismissed.

The appellants appealed the decision of the Court of Revision and the Engineer's Report regarding the Hambly-Sabourin and Beaulac-Beach Municipal Drains.

The Tribunal considered the appropriate level of repair, the status of the unrepaired portion, the scope of work at a crossing, the diversion of water, the assessment of costs, and the calculation of allowances.

The Tribunal ordered that the lower 437 m of the drain not be abandoned, adjusted the proportion of statutory benefit to outlet liability, required individual assessment of properties, and directed that the appropriate share of the Quebec lands be assessed to Her Majesty in Right of the Province of Ontario.

The appellants appealed the engineer's report and the Court of Revision's decision regarding the Foster Municipal Drain, seeking to relocate the Main West Drain from the middle of their agricultural field.

The Tribunal found that the engineer who prepared the report lacked the necessary expertise under the Drainage Act, resulting in inadequate specifications, failure to properly cost alternatives, and a lack of understanding of special benefits.

The Tribunal ordered the report be referred to a new engineer to re-establish drainage boundaries, provide proper designs for either upgrading the existing drain or abandoning it in favour of expanding the Main East Drain, and to properly assess costs.

The appellants were granted the option to have the Main West Drain abandoned if they accept the special benefit assessment for the relocation.

The appellants appealed the decision of the Court of Revision and the engineer's report on the Foster Municipal Drain.

The Tribunal issued an interim decision directing the municipality to refer the report to a new engineer for reconsideration.

The new engineer was ordered to re-establish drainage boundaries, provide for the abandonment of certain branches, provide current profiles, and design upgrades to the Main West Drain or its abandonment.

The Tribunal also made orders regarding the apportionment of costs incurred to date.

The appellant appealed the engineer's report regarding the Hanna Municipal Drain, arguing against the proposed working space for maintenance on his property and suggesting alternative routes.

The Tribunal found the engineer's proposed design and route to be the only suitable one, but ordered the drain to follow a more southerly route across the appellant's property to minimize future development issues.

The Tribunal also upheld the engineer's calculations for the property allowance and ordered specific dimensions for the working space.

The appellants appealed the decision of the Court of Revision and the Engineer's Report regarding a municipal drain.

In a previous interim order, the Tribunal added the Province of Ontario as a party representing property owners in Quebec.

The Ministry of Agriculture and Food submitted that the Tribunal lacked authority to do so.

The Tribunal affirmed its interim decision and ordered the parties to file written submissions on the proper method of assessing the costs of the drainage works attributable to lands in Quebec.

The Municipality of Southwest Middlesex and an assessed landowner appealed under section 64 of the Drainage Act regarding the quality of construction of the Elliott Municipal Drain.

The contractor installed the tile drain below the specified grade, reducing the freeboard at the outlet.

The Tribunal found that reconstructing the drain was impractical and ordered the municipality to amend the by-law to reflect the as-constructed condition.

The contractor was ordered to pay $1,000 for the increased cost of future maintenance and $1,600 for the engineer's costs associated with investigating the non-compliance.

The appellant petitioned for drainage works to address seasonal flooding on agricultural lands.

The municipal council refused to adopt the engineer's report, citing cost-benefit concerns.

On appeal, the Tribunal found overwhelming evidence of the necessity of the proposed drainage works and accepted the project engineer's unchallenged professional opinion that the benefits justified the costs.

The Tribunal ordered the municipality to pass the provisional by-law adopting the engineer's report.

The appellant appealed a municipal council's decision to reject a petition for drainage works on his properties under section 5 of the Drainage Act.

During the hearing, the parties negotiated Minutes of Settlement wherein the appellant agreed to withdraw his petition and pay a portion of the engineering fees, while the municipality agreed to consider drainage improvements.

The Tribunal accepted the settlement, dismissed the appeal, and made no order as to costs.

The appellant appealed a municipal council's decision to adopt a revised engineer's report that deleted the proposed closing in of a portion of a municipal drain on his property.

The Tribunal found that the original report proposing the closing in was engineeringly sound and properly assessed.

The Tribunal held that the council's reversal of its initial approval was arbitrary and based solely on the presence of opponents at a council meeting, rather than on the merits of the project.

The appeal was granted, and the municipality was ordered to adopt the original report and absorb the costs of the revised report.

The appellants appealed the engineer's report and the decision of the Court of Revision regarding the Outlet Portion of the 2nd Concession Drain West of Wigle Creek.

The parties reached a settlement and submitted a joint recommendation to the Tribunal.

The Tribunal accepted the minutes of settlement, dismissing the appeal of the engineer's report and allowing the appeal from the Court of Revision to amend the assessment schedule by transferring $36,500 from outlet liability to benefit assessments for two roads.

The appellant appealed an engineer's report under section 48 of the Drainage Act which determined that the proposed Allan-Connell Municipal Drain could not be constructed.

The engineer filed a section 40 report after a petitioner withdrew her name, rendering the petition for drainage invalid.

The Tribunal upheld the engineer's report, finding that the area requiring drainage was correctly identified and that it was impractical to proceed with the drainage works due to the invalid petition.

The appeal was dismissed.