Town held liable for crop loss damages due to delayed municipal drain maintenance.
The appellants appealed to the Drainage Referee, requesting an order compelling the Town of Wasaga Beach to appropriately maintain and clean out the Marl Creek Municipal Drain and seeking damages for crop losses due to the Town's failure to maintain the drain in a timely manner.
The Referee found that the Town failed to complete the requested maintenance in a timely fashion under s. 79 of the Drainage Act, but that the clean out eventually undertaken in 2004 was adequate to meet its statutory responsibilities, which are limited to maintenance and repair, not improvement.
The Referee awarded the appellants $23,064.00 in damages for crop losses caused by the delay, after applying a reduction for the lack of systematic tile drainage on the affected lands.
ODROntario Court of the Drainage RefereeMay 5, 2006
