Drainage Act appeal dismissed after appellant refused to present evidence following denial of adjournment.
The Appellant appealed an Engineer's Report concerning the Hewitt's Creek Drain under section 48(1) of the Drainage Act, arguing that the benefits were not commensurate with costs, the works should be modified, and his allowance was inadequate.
At the hearing, the Appellant requested an adjournment, which was denied due to ample prior time and failure to comply with disclosure orders.
The Appellant subsequently refused to present any evidence or be sworn in.
Based on the uncontradicted evidence of the Engineer, the Tribunal found the benefits commensurate with costs, declined to modify the works, and found the allowance reasonable.
The appeal was dismissed.
Hewitt’s Creek Drain (RE), 2025 ONAFRAAT 7
