Municipality has authority under Section 78 of the Drainage Act to extend an existing drain.
The Town of Bosanquet applied to the Drainage Referee for an order declaring that the proposed extension of the Coultis Drain was a proper work under Section 78 of the Drainage Act, and for an emergency order to proceed immediately.
Upstream agricultural landowners and downstream cottage owners opposed the initial design and costs.
The Referee held that Section 78 provided the municipality with the authority to extend the drain to a sufficient outlet without a petition.
The Referee found no emergency existed to justify bypassing normal procedures.
After further hearings and collaboration among the parties' engineers, a revised, more cost-effective design was submitted and approved by the Referee, including a special assessment for the Town of Forest for past use of the drain.
ODROntario Court of the Drainage RefereeJan 25, 1999
