Engineer's Report set aside due to municipality's failure to provide statutory notice to conservation authority.
The appellant appealed an Engineer's Report under the Drainage Act concerning a proposed retaining wall to address bank erosion on her property.
The appellant argued the report was deficient and that the municipality failed to provide the required statutory notice to the conservation authority prior to appointing the engineer.
The Tribunal found that the municipality failed to provide the mandatory 30 days' notice to the conservation authority under section 78(2) of the Act.
Furthermore, the Tribunal identified numerous deficiencies in the Engineer's Report, including missing plans, profiles, and specifications required by section 8.
Consequently, the appeal was granted and the Engineer's Report was set aside.
Survashi Sood v. Town of Lakeshore, 2013 ONAFRAAT 13
