Appeal dismissed; Drainage Act permits insufficient outlet where economically infeasible, provided damages are paid.
The appellants challenged the construction of a municipal drain, arguing that it was not taken to a sufficient outlet as required by Section 15 of the Drainage Act and seeking repairs under Section 79.
The Ontario Drainage Referee dismissed the claim for repairs, finding the municipality was justified in its inaction due to ongoing litigation.
On the issue of sufficient outlet, the Referee held that Section 15 must be read in conjunction with Section 32, which permits a drainage scheme to proceed with an insufficient outlet provided damages are paid to downstream landowners when a sufficient outlet is not economically feasible.
The appeal was dismissed and the construction by-law was ordered to be implemented.
ODROntario Court of the Drainage RefereeFeb 1, 2003
