Drainage assessment reduced because municipality misled landowner about repair costs and delayed addressing erosion.
The appellant appealed the assessment for improvements to a municipal drain adjacent to his property.
The appellant argued that the municipality had previously promised to repair the eroding ditch bank as maintenance at a minimal cost, but later required a new engineer's report for improvements, resulting in a significantly higher assessment.
The Tribunal found that while the proposed work constituted an improvement requiring a new report, the municipality had misled the appellant regarding the cost and timing of repairs.
Consequently, the Tribunal reduced the appellant's benefit assessment and increased the assessment against the municipality's roads.
VanBuuren Municipal Drain (Re), 1997 ONAFRAAT 15
