Mr. David Johnson, P. Eng.

Appeal from an engineer’s report and Court of Revision decision concerning a proposed municipal drain under the Drainage Act.

The appellants challenged the necessity of the works, the proposed outlet location near a downstream pond, and the assessment allocations, raising concerns about pollution, benefit, and existing drainage.

The Tribunal held that the drainage works were required to address excess water and provide a legal outlet, and that the statutory and environmental regimes were adequate to address pollution concerns.

The substantive appeals under ss. 48 and 54 were dismissed, but the Court of Revision’s assessment decision was set aside and the Branch A benefit assessments were reallocated between two affected properties.