Engineer's report on municipal drain rejected for incompetence; project referred to a new engineer.
The appellants appealed the engineer's report and the Court of Revision's decision regarding the Foster Municipal Drain, seeking to relocate the Main West Drain from the middle of their agricultural field.
The Tribunal found that the engineer who prepared the report lacked the necessary expertise under the Drainage Act, resulting in inadequate specifications, failure to properly cost alternatives, and a lack of understanding of special benefits.
The Tribunal ordered the report be referred to a new engineer to re-establish drainage boundaries, provide proper designs for either upgrading the existing drain or abandoning it in favour of expanding the Main East Drain, and to properly assess costs.
The appellants were granted the option to have the Main West Drain abandoned if they accept the special benefit assessment for the relocation.
John Campbell and Karen Campbell v. Beckwith Township, 2003 ONAFRAAT 25
