Municipality held liable under s. 79 of the Drainage Act for failing to timely maintain municipal drains.
The claimants sought damages against the municipality under s. 79 of the Drainage Act for failing to maintain and repair the Short Drain and 2A Drain despite repeated notices.
The municipality argued it acted with due diligence and that delays were caused by third parties, environmental orders, and policy decisions by the municipal council.
The Drainage Referee found that the municipality failed to fulfill its statutory duty to maintain the drains in a timely manner, noting that council members improperly interfered with the drainage superintendent's work.
The Referee held the municipality liable for damages resulting from the lack of repair, with the assessment of damages to be determined at a subsequent trial.
Kawartha Lakes (City) v. Owners of R.J Burnside, 2011 ONDR 4
