Drainage report upheld but assessments modified to shift heron rookery mitigation costs to the municipality.
The appellants appealed the Engineer's Report and the decision of the Court of Revision regarding the David Adams Municipal Drain.
The dispute originated from an unauthorized dam constructed by the appellant Grinnell, which caused upstream flooding and inadvertently created a heron rookery and enhanced fish habitat.
The appellants argued the costs of the drainage works, which included significant environmental mitigation measures, were not commensurate with the benefits, and challenged their specific assessments.
The Tribunal found that the benefits of the project extended to the regional community and upheld the overall project.
However, the Tribunal reduced the Campbell assessment due to an area calculation error, reduced Grinnell's special benefit assessment for culverts to account for a pre-existing crossing, and shifted the cost of the heron rookery mitigation from Grinnell to the Municipality.
Campbell et al. v. City of Ottawa, 2012 ONAFRAAT 18
