Engineer's report set aside due to incorrect land use factors and improper pump system inclusion.
Several landowners appealed the 2022 Engineer's Report for the Cranberry Creek Municipal Drain, arguing that the land use factors (LUFs) were incorrect, the Pump and Dyke System was improperly included, and their properties were assessed too high.
The Tribunal found that the LUFs should have followed the Tribunal's 2020 Decision, which assigned lower factors to forested lands and provincially significant wetlands.
The Tribunal also found that the Pump and Dyke System had been abandoned and its inclusion constituted reconstruction, which falls outside the scope of a section 76 report.
Due to these and other significant errors in land use classification, the Tribunal set aside the 2022 Report.
Lisa D. Larwill et al. v. City of Ottawa, 2024 ONAFRAAT 22
