Drainage petition signed by Road Superintendent found valid as road drainage was genuinely required.
The appellant appealed the validity of a drainage petition signed by the Road Superintendent under Section 4(1)(c) of the Drainage Act, arguing the true purpose was to provide drainage for a subdivision rather than the road.
The Drainage Referee found that there was a genuine need for proper drainage of the roads and ditches to prevent deterioration and address safety concerns.
The Referee held that Section 4(1)(c) should be interpreted liberally, as road authorities have special drainage problems and are accountable to the public.
The appeal was dismissed and the petition was confirmed as valid.
ODROntario Court of the Drainage RefereeJul 19, 2003
