2 total
Drainage appeal allowed in part to increase damage allowances and clarify future connection rights.
The Appellant appealed the Engineer's Report for the proposed Noah Martin Municipal Drain under section 48 of the Drainage Act, arguing a lack of procedural fairness, requesting the drain be relocated off his property, seeking explicit permission for future underdrainage connections, and claiming insufficient allowances.
The Tribunal found that statutory consultation processes were followed and accepted the engineer's proposed route.
However, the Tribunal ordered the Engineer's Report to be revised to explicitly state the drain has capacity for the Appellant's future underdrainage and increased the section 30 allowance for damages by $1,000 to account for additional fence crossings.
Appeal regarding the quality of construction of a municipal drain dismissed for lack of evidence.
The appellant appealed the quality of construction of the Van Beets Municipal Drain under section 64 of the Drainage Act.
The appellant raised numerous issues, including constitutional, criminal, environmental, and common law claims, which the Tribunal found were outside its jurisdiction.
On the core issue of construction quality, the Tribunal found that the appellant failed to prove the drainage works deviated from the engineer's plans and specifications.
The Tribunal accepted the expert evidence of the drainage engineer that the works were constructed in accordance with the report, subject to minor, reasonable field alterations.
The appeal was dismissed.
No co-appearing lawyers found.
No judges found.