Appeal of drainage assessment denied; engineer's calculation of oversizing costs using sound principles upheld.
The appellants appealed an engineer's report under section 48(1) of the Drainage Act regarding the Moore Drain.
The report recommended incorporating existing storm sewers into the municipal drain and assessed the appellants for the costs of oversizing and extending the drain previously constructed by a neighbouring developer.
The appellants argued the assessment was unfair and the municipality was deviating from the Act.
The Tribunal denied the appeal, finding that the engineer employed sound engineering principles in calculating the assessments, the municipality did not deviate from section 31 of the Act, and the appellants provided no expert evidence to refute the engineer's calculations.
John Szintai and Carina Bruggeman v. Municipality of Thames Centre, 2007 ONAFRAAT 30
