Paul C. Marsh

The appellant appealed an engineer's report for the Michener Municipal Drain, arguing that the proposed works should be paused until improvements to the downstream Wignell Drain were completed to prevent exacerbated flooding on his golf course.

The Tribunal allowed the appeal in part, finding that the Wignell Drain currently lacks sufficient capacity to act as an outlet for the increased flow from the Michener Drain.

The Tribunal ordered that the Michener Drain works be paused until the Wignell Drain report and necessary outlet improvements are completed.

The appellant's request to reduce engineering costs was dismissed for lack of jurisdiction, as no prerequisite appeal had been made to the Court of Revision.

The initiating municipality applied to the Tribunal under section 58(4) of the Drainage Act to correct gross errors in an engineer's report for a municipal drain.

The proposed modifications included upgrading two culverts, adjusting a trail grade line, and relocating the working platform to the north side of the drain.

A landowner objected to the relocation of the working platform, as the municipality's drainage superintendent had already improperly directed a contractor to clear trees on his property contrary to the original approved report.

The Tribunal approved the engineering modifications as they did not adversely affect the drain's capacity.

However, the Tribunal ordered the municipality to pay the landowner $8,000 in compensation for the unauthorized removal of his tree buffer, which is not to be assessed to the drain's cost.