Drainage report set aside because proposed work was for erosion control, not proper drainage.
The appellants appealed a Drainage Report that recommended the construction of a municipal drain to address slope instability and erosion on a property adjacent to a natural watercourse.
The Drainage Engineer had recommended filling the bottom of the ravine to stabilize the slope.
The Drainage Referee allowed the appeal and set aside the report, finding that the proposed work was for erosion control rather than the 'proper drainage of lands' as required by Section 3(1) of the Drainage Act.
The Referee concluded that the statutory authorization for a requisition drain could not be stretched to encompass a project whose singular objective was erosion control.
ODROntario Court of the Drainage RefereeMay 27, 1999
