Stephen Brickman

The appellant municipality appealed a Drainage Referee's order denying it costs and sought a declaration that a referee who conducts a pre-hearing cannot preside at the hearing.

The respondent landowners cross-appealed the Referee's finding that a proposed drainage project was an 'improvement' under the Drainage Act rather than a new drainage works requiring a petition.

The Divisional Court dismissed the appeal, finding no error in the costs award and holding that a declaration was unnecessary given existing rules.

The cross-appeal was also dismissed, as the Referee correctly distinguished prior case law and made no palpable and overriding error in concluding the project was an improvement despite an increase in capacity.

The appellants appealed their assessments for the construction and future maintenance costs of the Bruce Beach Municipal Drain Phase 1 under section 54 of the Drainage Act.

The appellants argued that their assessments should be reduced or eliminated due to lack of benefit and alleged negligence by the municipality in managing drainage infrastructure.

The Tribunal dismissed the appeals, finding that the properties did benefit from the drainage works and that the assessments were fairly and reasonably calculated using the Todgham method.

At a procedural pre-hearing conference, the Acting Drainage Referee addressed a jurisdictional motion by the respondent municipality and a motion to extend time by the applicants.

The Referee determined that the Court of the Drainage Referee has no jurisdiction to hear an appeal or judicial review of a decision of the Agriculture, Food and Rural Affairs Appeal Tribunal under sections 48 and 54 of the Drainage Act.

Consequently, portions of the applicants' affidavit relating solely to the Tribunal proceedings were deemed irrelevant and will be disregarded.

The Referee also granted the applicants' motion to extend the time to commence the application under section 113 of the Drainage Act, finding no prejudice to the municipality.

Several landowners appealed the Engineer's Report for the Filsinger Municipal Drain under sections 48 and 54 of the Drainage Act.

The appellants challenged the inclusion of certain lands in the watershed, the scope and cost of the proposed drainage work, the right-of-way allowances, and the assessment calculations.

The Tribunal dismissed the section 48 appeals regarding the watershed and drainage work, finding the existing drain was in poor condition and the proposed improvements were necessary.

The Tribunal allowed one appellant's appeal in part, increasing his right-of-way allowance based on a higher land value.

The Tribunal also allowed the section 54 appeals in part, adjusting the maintenance assessments for the upstream reach of the closed drain, but otherwise upheld the engineer's assessment calculations.