Andy Robinson

The appellant appealed a municipal drainage report under section 48(1) of the Drainage Act, arguing that the benefits of the proposed works were not commensurate with the estimated costs.

The Tribunal found that while the proposed erosion and sediment control works would benefit the drainage area, the works were not currently required and were deferred to an undetermined future date.

Consequently, assessing properties now for the engineering fees of possible future improvements was not justified.

The Tribunal allowed the appeal and ordered the municipality to pay 50% of the engineering fees out of general funds.

The appellants appealed their assessments under the Engineer's Report for the Dowdall Municipal Drain.

They argued that the municipality should be 100% responsible for the costs of two sections of the drain due to the construction of a road culvert and past illegal reconstruction.

The Tribunal found that the improvements provided benefits beyond the road culvert and that the construction costs were fairly assessed to upstream landowners.

The appeals were denied.

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.