Drainage Act appeals dismissed; municipal drain repair assessments against agricultural properties found fair and reasonable.
The appellants appealed the Engineer's Report for the repair and improvement of the Esseltine Drain under sections 48 and 54(1) of the Drainage Act.
The appellants, who own agricultural properties, argued that the proposed drainage works provided no benefit to their lands and that their assessments were disproportionately high compared to the urban and greenhouse developments contributing to the increased water flow and erosion.
The Tribunal accepted the evidence of the respondent municipality's engineers, finding that the assessments were calculated using standard methodologies and were fair and reasonable.
The Tribunal concluded there was no evidence to support modifying the Engineer's Report or the assessments, and dismissed the appeals.
Stockwell v. Town of Kingsville, 2019 ONAFRAAT 6
