J. M. Spriet

Following the dismissal of an appeal regarding the quality of construction of a municipal drain, the respondent Township sought costs on a full indemnity basis.

The Tribunal found that the appellant had engaged in unreasonable conduct by reneging on a settlement agreement reached shortly before the hearing, which necessitated the hearing.

Applying its authority under the Drainage Act and the Statutory Powers Procedure Act, the Tribunal awarded the Township costs of $5,822.89, representing the legal and engineering fees incurred after the appellant resiled from the settlement.

The appellants appealed their assessment under the Engineer's Report for the Meuller Drain 2014, arguing they were overcharged and seeking a reduction.

The Tribunal found that the Engineer's methods of calculating the assessments, including the benefit rate applied equally on a per metre basis, were reasonable, fair, and equitable.

The appellants failed to provide evidence that their property would not receive a benefit from the drain.

The appeal was denied.