Drainage Act appeals dismissed; Tribunal upheld Engineer's Report finding costs commensurate with benefit and no benefit to neighbouring lands.
The appellants appealed a decision of the Court of Revision confirming an Engineer's Report regarding the Ronson Municipal Drain.
The appellants conceded that the drainage works were required but argued that the benefit derived was not commensurate with the cost, and that neighbouring properties should have been assessed for a benefit because surface water flowed from those properties onto the appellants' land.
The Tribunal dismissed the appeals, finding that the construction and engineering costs were reasonable and commensurate with the benefit.
The Tribunal preferred the evidence of the respondent's experts, who concluded that only the appellants' property would benefit from the drainage works, over the appellants' expert, who had not conducted independent investigations and lacked experience with the Drainage Act.
Ian and Marlene McCool v. Norfolk County, 2026 ONAFRAAT 1
