Dennis McCready

The municipality requested a review of a prior Tribunal decision that set aside a 2014 engineer's report for a municipal drain project.

The original panel found the estimated $400,000 cost of the proposed drainage works was not commensurate with the benefits, as the existing drain operated acceptably with routine maintenance.

The Review Tribunal dismissed the municipality's request, finding no significant new evidence or material errors of law or fact that would have likely resulted in a different decision.

The appellants appealed an engineer's report under the Drainage Act, arguing that proposed improvements to the Hoy Drain were unnecessary and should be abandoned.

The Tribunal found that the existing drain, designed in 1962, no longer provided adequate drainage for the neighbouring property, which had experienced ongoing water ponding despite the installation of private tiles.

The Tribunal accepted the engineer's evidence that upgrading the outlet was a necessary first step to resolve the drainage issues.

The appeal was dismissed, and the appellants were ordered to pay $2,000 in costs because they failed to provide credible evidence to support their assertions and necessitated an unnecessary hearing.