Landowner's claim for drainage damages dismissed due to his own interference with construction; township ordered to complete drain.
The appellant landowner sued the township and two engineering firms for negligence in the design and construction of a municipal drain, claiming damages for erosion and crop loss.
The action was referred to the Drainage Referee.
The Referee found no negligence or design deficiencies by the engineers, accepting expert evidence that the tile sizes and swale capacity were adequate.
The Referee concluded that the damage was caused by the appellant's own conduct in interfering with the contractor and preventing the completion of the swale.
The claim for damages was dismissed, but a mandatory injunction was granted ordering the township to complete the drain in accordance with the by-law.
ODROntario Court of the Drainage RefereeMay 18, 1983
