Tribunal affirmed its prior decision setting aside a municipal drain report and requiring an independent coastal engineering assessment.
The Municipality of Chatham-Kent requested a review of a prior Tribunal decision that set aside an engineer's report (the Spriet Report) for a municipal drain and ordered the Municipality to retain an independent coastal engineer.
The Municipality argued the Tribunal exceeded its jurisdiction, improperly relied on hearsay evidence, and erred in summoning the coastal engineer to testify at the review hearing.
Applying the reasonableness standard of review from Vavilov, the Review Panel affirmed the prior decision.
The Panel held that the Tribunal had the statutory authority under the Drainage Act to procure independent engineering reports and that the Statutory Powers Procedure Act permitted the admission of hearsay evidence.
The Review Panel found no breach of procedural fairness in summoning the coastal engineer to allow for cross-examination, and concluded the original panel provided rational reasons for setting aside the Spriet Report.
Municipality of Chatham-Kent v. Rose et al., 2020 ONAFRAAT 4
