Drainage assessment reduced for woodlot property; engineer's approach to damage allowances upheld.
The appellants appealed the assessments and allowances for the proposed Fekete Drain under the Drainage Act.
They raised concerns about the benefit assessment for an open ditch through their woodlot, the lack of compensation for tree damage, and the size and cost of a farm crossing culvert.
The Tribunal found the benefit assessment for the open ditch was too high compared to downstream properties and ordered it reduced.
However, the Tribunal upheld the engineer's approach to allowances for damages, noting commitments to minimize tree damage during construction.
The Tribunal also ordered the report amended to lengthen the culvert and specify equipment access routes.
Fekete Drain (Re), 1999 ONAFRAAT 19
