Drainage petition declared valid as plaintiff owned over 60% of the area requiring drainage.
The plaintiff brought a motion regarding the validity of a petition for drainage works under the Drainage Act.
The parties reached a settlement on several issues, leaving the validity of the petition to be determined by the Drainage Referee.
The core issue was the definition of the 'area requiring drainage'.
The Referee considered expert engineering evidence and concluded that the area requiring drainage was primarily located on the plaintiff's lands, based on physical characteristics and agricultural land use.
As the plaintiff owned more than 60% of the area requiring drainage, the petition was declared valid with only the plaintiff's signature.
ODROntario Court of the Drainage RefereeSep 29, 2004
