Mr. Todgham

The appellant appealed an engineer's report proposing improvements to a municipal drain, arguing that replacing a grassed waterway with an additional tile drain would reduce capacity and cause soil erosion on his property.

The respondent municipality challenged the appellant's status to appeal, which the Referee dismissed, finding the potential for erosion sufficient to grant standing.

On the merits, the Referee held that the drain was no longer a natural watercourse, rendering section 14(1) of the Drainage Act inapplicable.

The Referee accepted the engineer's conclusion that the proposed changes constituted an improvement and dismissed the appeal, awarding costs to the respondent.