Drainage report amended to retain existing private crossing and reduce excessive modelling and procedural costs.
The appellants appealed an Engineer's report for the maintenance and improvement of the Short and No. 2A Municipal Drains under the Drainage Act.
The appellants argued the Engineer failed to consider alternatives, incurred excessive modelling costs, and failed to consult affected owners.
The Drainage Referee found that the Engineer failed in his duty by not considering the alternative of stabilizing an existing private crossing instead of replacing it, and by failing to control the runaway costs of hydraulic modelling.
The Referee ordered an amended report incorporating the existing crossing and removed 50% of the modelling costs and 75% of the costs of a Question and Answer document from the drain assessment.
The Referee also resolved individual assessment appeals, keeping a gravel pit in the watershed but removing lands surrounding a sinkhole.
McFeeters v. Kawartha Lake (City), 2011 ONDR 3
