Ken Smart

The Town of Bradford-West Gwillimbury applied to procure an engineer's report to vary the assessment schedule for the Holland Marsh Drainage System under section 76(1) of the Drainage Act.

The engineer's report assessed upstream lands and riparian owners for outlet liability due to increased siltation from changed farming practices and urbanization.

The respondent municipalities and several landowners appealed the assessments.

The Ontario Drainage Referee dismissed the appeals, finding that changed circumstances justified the new report, the engineer had authority to assess new properties, and the Drainage Act permits the assessment of upstream and riparian lands for outlet liability.

The parties settled a damage claim regarding a private ditch constructed in 1997, agreeing to allocate $35,000 in restorative costs among four defendants.

The Drainage Referee then reviewed the assessments and allowances in the Drainage Engineer's report for the McNabb Drain.

The Referee confirmed most assessments, including those for downstream commercial owners who benefited from flow control measures, but granted reductions to certain farmers whose lands were inundated by highway runoff, transferring those costs to the Ministry of Transportation.

The Township was awarded a portion of its legal costs.