The appellants appealed a supplementary decision of the Agriculture, Food and Rural Affairs Appeal Tribunal regarding the East Branch of the Black Creek Municipal Drain.
The Tribunal had originally ordered a preliminary report at the appellants' expense, capped at $6,000.
Later, without notice to the appellants, the Tribunal issued a clarification order increasing the required deposit to $11,000 based on a letter from the municipality.
The Drainage Referee found that the Tribunal breached natural justice by issuing the supplementary decision without notice.
After a full hearing, the Referee determined that the drain was in a reasonable state of repair and that a preliminary report was no longer justified.
The appeal was allowed, the Tribunal's decisions were set aside, and the municipality was ordered to appoint an engineer under s. 78 of the Drainage Act to investigate a private dam structure on the West Branch.
