Engineer's report for municipal drain set aside because it failed to properly analyze an emergency retaining wall.
The appellants appealed an engineer's report for the improvement of a municipal drain under the Drainage Act.
The report proposed removing a retaining wall on the appellants' property that had recently been reconstructed under an emergency designation by the Minister.
The Tribunal found that the emergency reconstruction was not supervised by an engineer as required by the Minister's condition, and the current engineer's report failed to properly analyze whether the wall could be incorporated into the drainage works.
The Tribunal set aside the engineer's report and ordered a new report to be prepared at the municipality's expense.
Birtha and Nathaniel Wall v. Township of South-West Oxford, 2026 ONAFRAAT 8
