Pascal Pitre

The appellant appealed a decision of the Court of Revision regarding the apportionment of assessments for the Gauthier Municipal Drain.

The Court of Revision had increased the benefit liability from 40 percent to 70 percent for certain properties, shifting more costs to the appellant.

The Tribunal accepted the engineer's evidence that the benefit to the affected properties was not significant enough to warrant the Court of Revision's increase.

The Tribunal ordered the apportionment of assessments to be adjusted to 40 percent outlet and 60 percent benefit, reflecting a reasonable ratio proportionate to the respective improvements.

Place Riviera Place Inc. appealed the Township of Champlain's decision not to adopt an engineer's report for the proposed Gauthier Municipal Drain.

The appellant sought the drain to provide an outlet for a proposed subdivision.

Several neighbouring landowners opposed the drain, arguing the appellant should bear the full cost.

The Tribunal found the proposed works were necessary and the engineer's report was sound.

The Tribunal ordered the municipality to adopt the report and pass a provisional by-law, allowing the drainage process to continue.