Drainage petition found valid, but engineer's report remitted for correction due to gross errors.
The appellants appealed the engineer's report regarding the Lament Drain, arguing that the petition was invalid and the area requiring drainage was incorrectly defined.
The respondent municipality maintained that the engineer properly determined the area requiring drainage and the petition was valid.
The Drainage Referee found that while the petition itself was valid, the engineer's report contained gross errors, including an incorrect description of the area requiring drainage and an incorrect calculation of statutory requirements.
The Referee also found that the engineer failed to fulfill his duties by not advising the municipal council of a known error in the report.
The Referee ordered the engineer to correct the report in consultation with the appellants' expert engineer and awarded partial indemnity costs to the appellants.
ODROntario Court of the Drainage RefereeOct 19, 2022
