Tribunal amends Drainage Act assessment schedule to apportion 26% Benefit and 74% Outlet Liability.
The appellants appealed the assessments in an Engineer's Report prepared under section 78 of the Drainage Act for the improvement of the Dell Drain Outlet.
The proposed work involved extending the outlet to address severe gully erosion on downstream properties.
The Tribunal found that the erosion was primarily caused by water flowing from upstream lands and that the drain currently lacked a sufficient outlet.
The Tribunal amended the Schedule of Assessment, determining that the costs should be apportioned as 26% Benefit to the adjacent downstream properties and 74% Outlet Liability to the upstream lands and roads, and assessed a Special Benefit to lands subsequently connected to the drain.
806584 Ontario Ltd. v. The Municipality of Central Elgin, 2022 CanLII 106021
