Drainage assessment appeal dismissed; engineer's use of lower runoff coefficient for wetlands upheld.
The appellants appealed their drainage assessment for the Gilbert Drain 2014, arguing that their assessment was too high and that upstream owners, particularly a wetland property, were assessed too little.
The Tribunal found that the engineer properly applied the modified Todgham method, correctly assigning a lower runoff coefficient to the wetlands compared to agricultural lands.
The Tribunal also rejected the appellants' argument regarding injuring liability, noting that the drain is a municipal drain governed by the Drainage Act, not common law.
The appeal was dismissed, and the assessments were confirmed as fair and equitable.
Gilbert Drain 2014 (Re), 2014 ONAFRAAT 31
