Andrew Robinson

The Township of Edwardsburgh/Cardinal applied to the Drainage Referee regarding the allocation of costs for improvements made to a farm crossing on a municipal drain.

The Township had authorized the work as "maintenance and repair" under section 74 of the Drainage Act, but later conceded it was an "improvement" requiring an engineer's report under section 78.

The Referee found that the extended crossing provided a special benefit to the specific landowner, David Bruce, and ordered him to pay the full $49,028.09 cost of the improvement.

Furthermore, because the Township failed to follow the proper statutory process, the Referee ordered that the Township's expenses for the proceeding be paid out of its general municipal funds rather than assessed to the drain.

The appellants, landowners, sought compensation from the Township for crop loss and land damage caused by flooding and erosion from the Foster Municipal Drain.

The flooding resulted from the unauthorized addition of lands to the drain's watershed and the Township's failure to maintain a plug to prevent the excess water flow.

The Drainage Referee found the Township negligent and liable for damages, awarding the appellants compensation for crop losses, engineering fees, and permanent land loss.

However, the Referee also found one of the appellants guilty of an offence under the Drainage Act for unilaterally filling up a portion of the drainage works, imposing a $1,000 fine to be deducted from the damages award.