Drainage Act appeals allowed and engineer's report set aside due to coastal design shortcomings.
The appellants appealed the proposed construction of an outlet structure for the Rose Beach Line Municipal Drain under the Drainage Act.
Following an interim decision requiring the Municipality to obtain an independent engineering report, the Municipality submitted a report from Landmark Engineers Inc. The Landmark Report identified significant shortcomings in the original Spriet Report's design, noting risks of damage from wave and ice forces and potential impacts on longshore sediment transport.
Given the substantial revisions required to address these issues, the Tribunal allowed the appeals, set aside the Spriet Report, and ordered the Municipality to bear its own engineering and legal costs.
Peter James et al. v. Municipality of Chatham-Kent, 2019 ONAFRAAT 4
