Paul Marsh

The appellants appealed an Engineer's Report regarding the Wignell Municipal Drain under the Drainage Act.

The appellants argued that the proposed drainage works would not ameliorate flooding on their properties, objected to the assessment of costs for bank restoration, and argued that the costs of previous incomplete engineering reports should not be assessed to the drain.

The Tribunal dismissed the MacNeils' appeals but adjusted the assessment schedule for the Bank Restoration Improvement Program.

The Tribunal allowed Whisky Run Golf Club's appeals in part, ordering that the engineering fees from previous incomplete reports be borne solely by the Municipality, that a mobile pump be used instead of a permanent pump, and that the cost of pumping be divided as 50% Outlet Liability and 50% Benefit to lands lower than the top of the gates.

Two appeals were brought regarding the Port Colborne Municipal Drain.

Port Colborne Quarries Inc. appealed under Section 54 of the Drainage Act, seeking to reduce the runoff coefficients used for their assessment, which had been increased by the Court of Revision.

Jack Hellinga appealed under Section 48, arguing his lands were improperly assessed for upstream work.

The Tribunal dismissed Hellinga's appeal, finding it lacked jurisdiction under Section 48 to hear an appeal regarding assessments.

The Tribunal allowed the quarry's appeal, relying on expert engineering evidence to restore the lower runoff coefficients originally proposed in the engineer's report.