Marc Gaudet

The appellants appealed an Engineer's Report regarding the Wignell Municipal Drain under the Drainage Act.

The appellants argued that the proposed drainage works would not ameliorate flooding on their properties, objected to the assessment of costs for bank restoration, and argued that the costs of previous incomplete engineering reports should not be assessed to the drain.

The Tribunal dismissed the MacNeils' appeals but adjusted the assessment schedule for the Bank Restoration Improvement Program.

The Tribunal allowed Whisky Run Golf Club's appeals in part, ordering that the engineering fees from previous incomplete reports be borne solely by the Municipality, that a mobile pump be used instead of a permanent pump, and that the cost of pumping be divided as 50% Outlet Liability and 50% Benefit to lands lower than the top of the gates.

The appellant appealed an engineer's report for the Michener Municipal Drain, arguing that the proposed works should be paused until improvements to the downstream Wignell Drain were completed to prevent exacerbated flooding on his golf course.

The Tribunal allowed the appeal in part, finding that the Wignell Drain currently lacks sufficient capacity to act as an outlet for the increased flow from the Michener Drain.

The Tribunal ordered that the Michener Drain works be paused until the Wignell Drain report and necessary outlet improvements are completed.

The appellant's request to reduce engineering costs was dismissed for lack of jurisdiction, as no prerequisite appeal had been made to the Court of Revision.