Tunnel drain work deemed an improvement requiring an engineer's report; municipal assessments reduced by 40%.
The appellants, assessed owners on the Tunnel Drain, appealed a resolution and by-law passed by the Township of Romney to levy the costs of work done on the drain.
The central issue was whether the work, which involved plastering the interior of the tunnel with concrete, constituted a 'repair' under section 75 of the Drainage Act or an 'improvement' under section 78.
The Drainage Referee found that the work was an improvement because it modified the drainage works to increase its effectiveness, involved significant complexity and cost, and went beyond mere restoration.
Consequently, the Township erred by proceeding without an engineer's report and the required procedural safeguards.
The Referee ordered that the assessments on private lands be reduced by 40%, with the difference to be paid from the Township's general revenues.
ODROntario Court of the Drainage RefereeNov 25, 1996
