L. Zarlenga

The appellants appealed an Engineer's Report concerning the repair and improvement of the Zaburney Drain.

The appellants objected to the provision of a 10-foot grass buffer strip on both sides of the drain, the casting of excavated spoil on their lands, and their assessment for the works.

The Ontario Drainage Tribunal held that the Engineer had jurisdiction to take lands for a buffer strip and to direct the disposal of spoil.

However, the Tribunal found no justification for a mandatory buffer strip on the south side of the drain, where no surface waters entered, and ordered the buffer strip provisions deleted from the Report.

The Tribunal upheld the Engineer's method of alternating spoil disposal and confirmed the assessments as equitable.

The appeal was allowed in part to remove the buffer strip requirement, but dismissed on all other grounds.

The appellant appealed an engineer's report proposing the construction of a storm sewer and pumping system for a residential area along Lake Erie.

The appellant argued the project was premature, too costly, and could create a health hazard by impounding polluted waters.

The Tribunal dismissed the appeal, finding the drainage system was carefully designed, necessary to solve existing flooding and road maintenance problems, and that there was no expert evidence to justify modifying the proposed system.