Drainage Act appeal dismissed; construction and restoration found to comply with the Engineer's Report.
The appellants appealed under section 64 of the Drainage Act regarding the construction of the Desroches Municipal Drain across their farm.
They claimed damages for crop loss and site cleanup, alleging the contractor commenced work in wet conditions contrary to an agreed-upon start date, failed to separate topsoil, and enlarged the working corridor.
The Tribunal dismissed the appeal, finding no evidence of an agreed start date and concluding that the construction and site restoration were completed in accordance with the Engineer's Report.
The Tribunal also noted that several of the appellants' claims regarding the drain's design and crop damage allowances should have been appealed earlier under section 48 of the Act.
Graeme and Audrey Little v. City of Kawartha Lakes, 2025 ONAFRAAT 2
