Appeal of municipal drain report partially allowed to grant a $300 allowance for an existing ditch.
The appellants appealed the Engineer's Report concerning the Johnson Municipal Drain, East Branch, arguing that the benefits were not commensurate with the costs, the drainage works should be modified, and the compensation provided was inadequate.
The Ontario Drainage Tribunal dismissed the appeals regarding the modification of the works and the cost-benefit analysis, finding no authority to extend the works upstream and no evidence to support relocation.
The Tribunal accepted the Engineer's evidence that adequate working space existed to avoid damaging the appellants' tree farm.
However, the Tribunal granted the appellants a $300 allowance under s. 31 of the Drainage Act for the incorporation of their existing ditch into the municipal drain.
Johnson Municipal Drain (Re), 1995 ONAFRAAT 17
