Bruce Dewar

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.

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.