Engineer's drainage report set aside due to insufficient petition and failure to recognize riparian drainage rights.
The appellants appealed an engineer's report adopted by the Town of Dunnville for the proposed Sutor Drain.
The appeal raised two main issues: the sufficiency of the petition under the Drainage Act and the assessment of upstream riparian owners for outlet liability.
The Referee found that the petition was insufficient because the engineer expanded the drainage area without ensuring the petition had the requisite signatures, and failed to report this deficiency to the municipal council.
Furthermore, the Referee held that the engineer applied an incorrect legal principle by failing to consider whether upstream owners were exempt from outlet liability due to their riparian right to drain into a natural watercourse.
Consequently, the engineer's report was set aside, and costs were awarded to the appellants.
ODROntario Court of the Drainage RefereeJan 14, 1992
