Engineer's report for municipal drain referred back for revision; proposed works on appellant's property found excessive.
The appellant appealed the Engineer's Report for the Setterington Lane Municipal Drain under the Drainage Act, challenging the assessments, the design of the drainage works, and the allowances provided.
The Tribunal found that the proposed work on the appellant's property, which included a large ditch and stormwater management facility, was excessive and unnecessary.
The Tribunal referred the report back to the Municipality with directions to delete the assumption of the existing drain upstream of a certain point, incorporate the construction of a berm as previously agreed upon by the neighbours, and increase the land allowance from $15,000 to $35,000 per acre.
2217273 Ontario Inc. v. Municipality of Leamington, 2016 ONAFRAAT 6