John Spriet

The appellants, landowners, sought compensation from the Township for crop loss and land damage caused by flooding and erosion from the Foster Municipal Drain.

The flooding resulted from the unauthorized addition of lands to the drain's watershed and the Township's failure to maintain a plug to prevent the excess water flow.

The Drainage Referee found the Township negligent and liable for damages, awarding the appellants compensation for crop losses, engineering fees, and permanent land loss.

However, the Referee also found one of the appellants guilty of an offence under the Drainage Act for unilaterally filling up a portion of the drainage works, imposing a $1,000 fine to be deducted from the damages award.

The appellants sought increased allowances for soil restoration work and repairs to private tile drains following the construction of a municipal drain.

The Ontario Drainage Referee found that while the soil restoration was necessary, the appellants had elected to infill the drain to pre-1975 levels at a substantial extra cost, which went beyond the recommendations of the drainage engineer and soil experts.

The Referee granted an additional $10,000 allowance for the restoration work and a $3,000 allowance for potential minor repairs to the private tile drains, concluding that the public should not bear the full burden of the appellants' personal restoration objectives.