Drainage appeals partially allowed; fish habitat costs upheld but landfill assessment and insufficient outlet compensation adjusted.
The appellants appealed the engineer's report and the Court of Revision's decision regarding the Bruce Municipal Drain No. 19.
They challenged the assessments and design, particularly the increased costs associated with fish habitat accommodations required by the Department of Fisheries and Oceans.
The Tribunal dismissed the appeals regarding the fish habitat design changes, finding the engineer was obliged to comply with federal law.
However, the Tribunal directed that the costs of the fish habitat study be assessed to the Municipality, not the Saugeen Valley Conservation Authority.
The Tribunal granted the appellant Munro compensation for insufficient outlet and directed that the buffer strips be widened to 6 metres to accommodate excavated spoil.
The Tribunal also directed the engineer to recalculate the assessment for a municipal landfill site using an industrial land value rather than an agricultural one.
Bruce Municipal Drain No. 19 (Re), 2007 ONAFRAAT 23
