Callum Shedden

The appellants appealed the assessment for a proposed municipal drain under the Drainage Act.

They argued they were entitled to an allowance for an existing drain, that future maintenance costs for a culvert were improperly apportioned, and that their benefit assessment was incorrect.

The Tribunal dismissed the claims regarding the allowance and maintenance apportionment.

However, finding the engineer's explanation of the benefit assessment methodology inadequate, the Tribunal reduced the appellants' benefit assessment by $500 and increased the municipality's assessment by the same amount.