Drainage assessment appeal allowed; engineer relied on outdated reports contradicting actual water flow.
The appellants appealed their assessment under the Drainage Act for the replacement of the McClure Bridge, arguing their lands drained into a different drain than the one assessed.
The Tribunal found that the natural flow of water from the appellants' properties was towards the Curry Marsh Drain West Branch, not the Crawford Drain as relied upon by the engineer's report.
The Tribunal concluded the engineer should have recommended a new watershed investigation upon discovering contradictions between historical reports and actual water flows.
The appeal was allowed, and the appellants' assessment was removed and reallocated to the Township.
Craig and Sondi Ryersee v. Township of Pelee, 2024 ONAFRAAT 17
