Drainage report referred back to engineer to equitably reapportion benefit and outlet liability assessments among landowners.
The Norfolk County Roads Department appealed the Engineer's report for the Decou Road Drain, arguing that the assessments for benefit and outlet liability for Branch B were disproportionately levied against the municipality.
The Engineer had assessed 100% of the remaining capital costs and future maintenance costs for Branch B against Norfolk County, while assessing other affected properties at zero dollars.
The Tribunal found that the construction of Branch B offered significant benefit to other directly affected properties and that the assessment of capital and maintenance costs solely against the municipality was inequitable.
The Tribunal ordered the report referred back to the Engineer to revise the Schedule of Assessment for Branch B to include appropriate assessments for benefit and outlet liability against all affected lands.
Decou Road Drain (Re), 2015 ONAFRAAT 10
