Tribunal allowed landowners to opt out of municipal drain culvert replacement by assuming future maintenance costs.
The appellants appealed an engineer's report under the Drainage Act that recommended replacing three access culverts on a municipal drain.
The appellants had begun repairing their own culvert headwall and argued that their culvert only required maintenance, not full replacement, and objected to the associated costs.
The Tribunal found that while replacement was the prudent engineering solution given the age of the pipes, the appellants should not be forced to undertake the work if they accepted the risk.
The Tribunal ordered that the appellants could opt out of the replacement, provided they assume sole financial responsibility for any necessary maintenance on their culvert for the next five years.
Bridges Over the Hicks Drain (Re), 1999 ONAFRAAT 4
