Tribunal revised drainage assessments, finding southerly lands received no benefit from covered drain.
The appellants appealed the assessments levied against their lands for the construction of the Modde Drain.
The Engineer had designed a covered drain to provide an outlet for subsurface drainage from the northerly lands, and a shallow open drain to intercept surface flows and prevent flooding on the southerly lands.
The Engineer assessed the southerly lands for the covered drain based on historical ratios from a 1923 Award Drain.
The Tribunal found no justification for assessing the southerly lands for the covered drain, as they received no benefit or outlet from it.
The Tribunal also found that the northerly lands should bear part of the costs of the open drain, as it aided in the efficient removal of their surface flows.
The Tribunal ordered a revised schedule of assessment and amended the maintenance provisions accordingly.
Modde Drain (Re), 1995 ONAFRAAT 6
