Drainage assessment appeal allowed in part; assessments for engineered berm and Branch C reduced.
The appellant appealed the assessments for the Geiger Drain under section 54 of the Drainage Act.
The appellant also brought a motion for an extension of time to file an appeal under section 48, which the Tribunal denied.
On the merits of the section 54 appeal, the Tribunal found that the majority of the engineer's assessments were fair and reasonable.
However, the Tribunal reduced the benefit assessment for Lot 5 regarding an engineered berm, finding no significant soil erosion to justify the specific benefit, and reduced the assessment for Branch C, finding the allowances should not have factored into the assessment calculations.
The appeal was allowed in part.
Van Miltenburg Farms Ltd. v. The Municipality of Huron East, 2023 ONAFRAAT 2
