Tribunal amends drainage assessment schedule to include maintenance costs and adjust cut-off benefits.
Several landowners appealed the decision of the Court of Revision regarding the Engineer's Report for Branch 'G' of the Dell Municipal Drain in the Municipality of Central Elgin.
The appellants challenged the assessments and the delineation of the watershed boundary.
The Tribunal accepted the Engineer's definition of the watershed area but found that a maintenance schedule was missing from the Report.
The Tribunal also found that the Lyle property received a cut-off benefit for its entire area and amended the assessment schedule accordingly.
The appeals of Somerville, Zovko, and 806584 Ontario Ltd. were granted in part, while the Lyles' appeal was dismissed.
Lyle v. Municipality of Central Elgin, 2016 ONAFRAAT 15
