John M. Spriet

The appellant property owner appealed under section 64 of the Drainage Act, alleging poor quality of construction of a municipal drain.

The appellant claimed the drain was installed at the wrong elevation and failed to properly connect with existing private lateral drains, seeking reimbursement for corrective work.

The Tribunal dismissed the appeal, finding that a section 64 appeal strictly concerns whether the works were constructed as designed in the engineer's report.

The Tribunal accepted the uncontradicted expert engineering evidence that the drain was constructed as designed, and noted the appellant failed to provide reliable evidence to the contrary.

The appellant appealed an Engineer's Report for the repair and improvement of a municipal drain under sections 48 and 54 of the Drainage Act.

The appellant argued that the engineer erred in providing damage allowances for tree removal and disputed the watershed boundaries and runoff coefficients used to calculate assessments.

The Tribunal dismissed the appeals, accepting the engineer's evidence regarding the necessity of tree removal, the appropriateness of the allowances, and the accuracy of the topographical survey and runoff coefficients used for the assessments.