Municipal drain approved with modifications to depth and allowances; crop damages awarded to appellants.
The appellants appealed the engineer's report for the proposed Stanley Road Municipal Drain, seeking declarations of invalidity and damages for crop loss caused by the respondent Township's prior alteration of a natural watercourse.
The Drainage Referee ordered the drain to proceed under the engineer's recommended alternative but mandated a minimum depth of four feet and the retention of the appellants' berm to ensure sufficient outlet.
The Referee also increased the allowances for land loss and existing works, clarified the Township's maintenance obligations, and awarded the appellants $6,896.44 in crop damages for the years 2004 to 2007.
ODROntario Court of the Drainage RefereeMar 19, 2007
