Drainage Referee amends assessment by-law and orders County to procure updated engineer's report for municipal drain.
The applicants challenged a municipal by-law assessing them for maintenance and repair costs of a municipal drain, arguing that a 1958 court decision had exempted their lands from outlet liability.
The County consented to amending the by-law to reflect the historical exemptions.
However, the Acting Drainage Referee noted that the 1957 assessment schedule was outdated and unfair due to significant urban growth and changes in assessment practices.
Relying on the Referee's original jurisdiction under the Drainage Act, the Referee ordered the County to procure a new engineer's report under section 76 to update the assessment schedule for future maintenance and repair.
ODROntario Court of the Drainage RefereeNov 5, 2018
