Riparian owner's drainage assessment reduced to zero after finding no unreasonable use of watercourse from snow-making.
The appellant ski club appealed an outlet liability assessment for proposed drainage works on the Ford Outlet Drain.
The Engineer had assessed the appellant's lands, despite them being riparian, on the assumption that the appellant's snow-making operations constituted an unreasonable use of the natural watercourse.
The Tribunal found that the appellant did not make snow within the watershed and did not discharge snow-melt into the natural watercourse.
Consequently, the appellant was not making an unreasonable use of the watercourse, and its outlet liability assessment was reduced to zero.
The resulting shortfall was reapportioned as benefit assessments against other properties and roads, including Highway No. 26, which the Tribunal found was the primary beneficiary of the proposed culvert replacement.
Ford Outlet Drain (Re), 1995 ONAFRAAT 7
