Drainage Act appeals granted; insufficient outlet compensation increased and special benefit assessment against lower lands removed.
The appellants appealed the compensation and special benefit assessments under the Drainage Act regarding a proposed municipal drain.
The Tribunal found that the compensation for insufficient outlet was inadequate because the engineer calculated the corridor length based on an arbitrary termination point rather than the actual distance to a sufficient outlet.
The Tribunal increased the compensation from $5,690 to $9,653.
The Tribunal also found that the $5,510 special benefit assessment against the appellants for additional engineering investigations was unjust, as the onus is on the upper lands to justify an insufficient outlet.
Both appeals were granted.
James and Colleen Gibson v. Town of Minto, 2026 ONAFRAAT 6
