J. R. Spriet

Several landowners appealed the Engineer's Report for the Rose Beach Line Drain Outlet Structure under sections 48 and 54 of the Drainage Act.

The report recommended constructing a steel sheet piling flume to address severe erosion at the drain's outlet on Lake Erie.

The appellants argued the project was too costly, unnecessary, and poorly designed for a coastal environment.

The Tribunal dismissed the section 48 appeals, finding the appellants failed to provide expert engineering evidence to contradict the municipality's engineer.

However, the Tribunal ordered the municipality to obtain a coastal engineer's review of the design and to secure all necessary agency approvals before proceeding.

The Tribunal also ordered that the existing right of way be used for access and approved minor revisions to the assessment schedules.

The appellants appealed the decision of the Court of Revision confirming their assessments for the Brock Avenue Drain under the Drainage Act.

They argued their properties did not benefit from the drain and that their assessments were excessive.

The Tribunal found the engineer's methods for calculating the assessments based on lot size and runoff factors were technically sound and compliant with the Act.

The appellants failed to provide evidence that their properties would not receive a benefit from the drain.

The appeal was dismissed and the assessments were confirmed.

The appellants appealed the Engineer's Report regarding the Port Bruce Drain, arguing that the flooding problem was primarily caused by the Ministry of Transportation's reconstruction of Highway No. 73, which acted as a dam.

The Ontario Drainage Tribunal found that the equivalent area factor used for the highway should be increased.

The Tribunal ordered that all outlet assessments levied against the lands in the watershed be reduced by 20%, with the reduction added to the outlet assessment of the Ministry of Transportation.

The benefit assessments were found to be equitable and were not disturbed.