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.
Gerard Boon v. Municipality of Central Huron, 2016 ONAFRAAT 8