Additional allowances granted for drain restoration, but appellants must bear costs exceeding expert recommendations.
The appellants sought increased allowances for soil restoration work and repairs to private tile drains following the construction of a municipal drain.
The Ontario Drainage Referee found that while the soil restoration was necessary, the appellants had elected to infill the drain to pre-1975 levels at a substantial extra cost, which went beyond the recommendations of the drainage engineer and soil experts.
The Referee granted an additional $10,000 allowance for the restoration work and a $3,000 allowance for potential minor repairs to the private tile drains, concluding that the public should not bear the full burden of the appellants' personal restoration objectives.
ODROntario Court of the Drainage RefereeOct 18, 1999
