Appeal of Engineer's Report dismissed; appellant ordered to disconnect unauthorized tile drains from municipal drain.
The appellants appealed an Engineer's Report under the Drainage Act regarding the Saxon Drain Branch No. 1.
The Engineer discovered that the appellants had installed tile drains that diverted water from outside the historical Saxon Drain watershed into the drain, overburdening its capacity.
The Engineer recommended blocking the unauthorized tiles and improving the adjacent Bateman Drain.
The appellants argued the historical watershed was incorrectly defined and their tiles did not adversely impact the drain.
The Tribunal found the appellants knowingly tiled beyond their assessed watershed, adversely impacting downstream landowners.
The Tribunal upheld the Engineer's recommendations to block the tiles and confirmed the assessments, but ordered that recommendations regarding improvements to the Bateman Drain be handled under a separate Section 78 process rather than forming part of the Saxon Drain by-law.
Saxon Drain Branch No. 1 (RE), 2013 ONAFRAAT 7
