H. Todgham

The applicants applied to quash a municipal by-law that repealed a previously passed construction by-law for a drainage works project.

The municipality had passed the repealing by-law without giving prior notice to the applicants, and the by-law effectively contravened a prior order of the Ontario Drainage Tribunal directing the municipality to complete the drain.

The Referee extended the time for the applicants to file their notice of application.

The Referee held that the repealing by-law was void and a nullity because the municipality failed to give the required prior notice, which was a denial of natural justice.

Furthermore, the by-law was void as it was repugnant to the Tribunal's order, exceeding the municipality's jurisdiction.

The repealing by-law was quashed.

The appellants, farm owners, sought damages, a declaration, and a mandatory injunction against the respondent municipality regarding the construction of two branch lines to the Lawton Municipal Drain.

The appellants alleged the works were unauthorized and caused erosion and crop loss.

The Drainage Referee found that the branch lines were properly authorized under Section 53 of the Drainage Act as a repair and improvement of an existing municipal drainage scheme.

The Referee accepted the respondent's expert evidence that the old tile drains formed part of the original scheme.

The Referee also found no negligence by the municipality, as the works were constructed in accordance with the engineer's report.

The appellants' claims were dismissed in their entirety, and costs were awarded to the respondent.