Michael Tulloch

The appellant appealed the quality of construction, design, and assessment of the Darmar-Tamlin Municipal Drain under the Drainage Act.

The Tribunal reviewed several specific issues regarding the drain's branches, manholes, and ditch inlets.

Relying on the uncontradicted expert evidence of the project engineer, the Tribunal approved several field changes, including extending a branch drain to the appellant's property line and removing an orifice plate, but largely confirmed the original design and revised assessment schedules.

The Tribunal declined to award costs to the appellant, finding no bad faith or unreasonable conduct by the municipality.

The appellant appealed an Engineer's Report under the Drainage Act, seeking to redirect proposed drainage away from his property to a North Drain, remove his property from the drainage area, and eliminate his assessments.

The Tribunal heard competing expert engineering evidence regarding natural surface water flow and project costs.

The Tribunal accepted the municipal engineer's conclusion that natural overland flow is predominantly from northeast to southwest and that the proposed Drain A option was the most practical solution.

The Tribunal found the appellant's assessments for benefit and outlet to be fair and equitable.

The appeals were denied.