Kenn Smart

The appellant appealed an engineer's report for a municipal drain under the Drainage Act, raising concerns about ditchbank erosion, pesticide buffer zones, and historical notes on the drainage drawings.

The Tribunal granted the appeal in part, ordering the municipality to seed the ditchbanks to prevent erosion.

However, the Tribunal dismissed the request to relocate the drain, finding it was not a sensitive freshwater habitat requiring pesticide buffer zones, and retained the historical notes on the drawings with minor wording modifications.

Two landowners appealed under the Drainage Act regarding the Bibeau-Pilon Drain.

One appellant sought compensation for tractor damage caused by a failed culvert and requested the cancellation of a proposed branch drain (Branch C).

The other appellant sought a reduction in his drainage assessment.

The Tribunal denied the claim for tractor damage because the appellant failed to provide the required statutory notice to the municipality.

The Tribunal ordered the cancellation of Branch C and the corresponding revision of assessments, as neither the requesting landowner nor the assessed landowner wanted it.

The appeal to reduce the second appellant's assessment was dismissed, as the Tribunal found the engineer's assessment to be fair and just.