Tribunal upholds drain abandonment but orders removal of proposed weir to mitigate agricultural flooding.
The appellant appealed an engineer's report under the Drainage Act regarding the St. John's Marsh Drain.
The appellant argued that the proposed abandonment of a section of the drain within conservation lands and the installation of a weir would exacerbate flooding on his agricultural lands.
The Tribunal accepted the engineer's recommendation to abandon the unfindable section of the drain within the conservation lands but ordered the removal of the proposed Newbury Weir from the report to prevent further aggravation of the appellant's drainage issues.
David White v. City of Niagara Falls, 2019 ONAFRAAT 2
