Michael DeVos

Several landowners appealed the Engineer's Report for the repair and improvement of the Young and Hopf-Wagner Drains under the Drainage Act.

The appellants primarily challenged the adequacy of section 30 damage allowances for tree removal and the benefit assessments applied to their properties.

The Tribunal allowed the appeals in part, increasing the damage allowance for one property and reducing the benefit assessment for another based on the Engineer's concessions.

The remaining appeals seeking higher compensation for tree removal were dismissed, as the Tribunal found the Engineer's allowances reasonable and noted the landowners retained the right to harvest the felled trees.

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However, the Acting Drainage Referee noted that the 1957 assessment schedule was outdated and unfair due to significant urban growth and changes in assessment practices.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.