Prof. J.E. Zajic

The appellants, farm owners, sought damages, a declaration, and a mandatory injunction against the respondent municipality regarding the construction of two branch lines to the Lawton Municipal Drain.

The appellants alleged the works were unauthorized and caused erosion and crop loss.

The Drainage Referee found that the branch lines were properly authorized under Section 53 of the Drainage Act as a repair and improvement of an existing municipal drainage scheme.

The Referee accepted the respondent's expert evidence that the old tile drains formed part of the original scheme.

The Referee also found no negligence by the municipality, as the works were constructed in accordance with the engineer's report.

The appellants' claims were dismissed in their entirety, and costs were awarded to the respondent.