Appeals against Engineer's Report for Ouellette Drain East dismissed; proposed drainage works and assessments upheld.
Several landowners appealed the Engineer's Report for the repair and improvement of the Ouellette Drain East under sections 48(1) and 54(1) of the Drainage Act.
The appellants argued that the benefits were not commensurate with the costs, the drain should flow west instead of east, the allowances provided were excessive, and their assessments should be reduced.
The Tribunal dismissed the appeals, accepting the Engineer's evidence that the proposed easterly flow to the Marsh Creek Drain was a sufficient outlet, the allowances were properly calculated, and the assessments were appropriate.
The Tribunal ordered minor amendments to the Report to reflect adjustments made at the Court of Revision.
Ouellette Drain East (Town of Amherstburg), 2016 ONAFRAAT 5