Township ordered to proceed with municipal drain maintenance; objecting landowner assessed $2,000 in costs.
The Township of Alfred brought a motion for an order directing it to proceed with the maintenance of the Constantineau Municipal Drain after the respondent objected to the work and requested abandonment of the drain on his property.
The Drainage Referee found that the upstream owner had a right to have the drain cleaned and that the abandonment request failed to meet the statutory requirements under the Drainage Act.
The Referee ordered the Township to proceed with the maintenance and ordered the respondent to refrain from interfering.
In a subsequent hearing on costs, the Referee assessed $2,000 in extra administrative costs against the respondent due to his obstruction of the project.
ODROntario Court of the Drainage RefereeDec 15, 1995