Appeal of drainage report dismissed regarding benefit assessments but varied to reallocate access culvert costs.
The appellant appealed an Engineer's Report concerning the McBrayne Drain under the Drainage Act.
The appellant sought to have his benefit assessment removed and to have other landowners assessed for cutoff benefit and the cost of an access culvert.
The Tribunal dismissed the appeal regarding the appellant's benefit assessment and the cutoff benefit for other landowners, finding the engineer's methodology sound.
However, the Tribunal varied the report to assess two other landowners for a portion of the cost of an access culvert that primarily benefited their lands, reducing the special benefit assessment against the municipality.
The Tribunal also awarded costs against the appellant, characterizing his appeal as bordering on vexatious given his long history of pursuing the municipality for an outlet for his subsurface drainage system.
McBrayne Drain (Re), 1995 ONAFRAAT 8
