Drainage assessments upheld as fair, but bridge allowance for golf course increased based on expert evidence.
Several landowners appealed the assessments and allowances in the Engineer's Report for the South Innisfil Creek Drain Improvement under the Drainage Act.
The appellants argued that their assessments were too high, that the municipality should bear more costs due to past lack of maintenance, and that the drain improvements would not benefit them until downstream culverts were replaced.
A golf course owner appealed the allowance for loss of access, arguing it should cover four bridges instead of one.
The Tribunal dismissed the assessment appeals, finding the engineer's allocations fair and reasonable.
However, the Tribunal allowed the golf course's appeal in part, increasing the allowance for one bridge from $41,600 to $137,500 based on expert evidence, while agreeing that only one bridge should be funded by the drain.
South Innisfil Creek Drain Improvement (Re), 2019 ONAFRAAT 23