David McGeorge

The appellants appealed a Court of Revision decision that removed the Kilbride lands from assessments for the repair and improvement of the Dykeman Pumping Works.

The Tribunal found that the Kilbride lands are within the Dykeman watershed and benefit from its flood protection, particularly during large storm events.

The Tribunal granted the appeal under section 54 of the Drainage Act, reinstating the engineer's assessments with one clerical correction, and dismissed the appeal under section 48(1)(b) to modify the drainage works.

The appellants appealed a Court of Revision decision that removed assessments against certain lands (the Kilbride lands) for the repair and improvement of the Dykeman Pumping Works.

The appellants argued that the Kilbride lands benefited from the Dykeman system and should share in the costs.

The Tribunal agreed, finding that the Kilbride lands were within the Dykeman watershed and relied on its embankments and channels for flood protection.

The Tribunal reinstated the engineer's original assessments, with one minor clerical correction, and dismissed the request to modify the drainage works by constructing a separating berm.