Enio P. Sullo

The appellants appealed the engineer's report and the decision of the Court of Revision regarding the repair and improvement of the Outlet North Marsh Drain.

They argued that the proposed extension of the drain and erosion control work downstream of Victoria Road was solely for the benefit of a specific property and was necessitated by back-flow from the Thames River, not the drain itself.

The Tribunal accepted the engineering evidence that the erosion was not caused by the Thames River back-flow and that the extension was necessary for a sufficient outlet.

The Tribunal dismissed the appeal against the report but allowed the assessment appeal in part, ordering a special benefit assessment of $30,000 against the downstream property most at risk from the erosion.

The appellant appealed an Engineer's Report regarding the repair of washouts in the Abray Drain.

The Report assessed the majority of the erosion control costs against upstream landowners, theorizing the damage was caused by water flowing in the drain.

The Tribunal found that the physical evidence overwhelmingly indicated the washouts were caused by surface waters flowing from the adjoining landowner's property into the drain.

Consequently, the Tribunal varied the assessment, ordering that the costs of the erosion control work be levied primarily against the adjoining landowner.