Drainage Referee asserts jurisdiction over Award Drains and awards damages for delayed maintenance causing crop loss.
The plaintiff brought an action for damages and declaratory relief against downstream neighbours for failing to maintain their portions of an Award Drain, causing flooding on his farmland.
The defendants argued the Drainage Referee lacked jurisdiction over Award Drains and that they had performed adequate maintenance.
The Referee held that he had jurisdiction to order maintenance and clarify the drain's profile.
The Referee ordered ongoing maintenance supervised by an engineer and awarded the plaintiff nominal damages of $1 against one defendant and $2,200 against the others for crop losses caused by delayed maintenance.
ODROntario Court of the Drainage RefereeDec 15, 2016
