Tim R. Oliver

The appellant appealed an Engineer's Report under the Drainage Act regarding the relocation of a drain onto their agricultural property to facilitate a neighbouring residential development.

The Tribunal upheld the proposed location and design of the drain, finding the benefits exceeded the costs.

However, the Tribunal found that the Engineer erred by not providing a Section 29 allowance for a 7.5 m working corridor adjacent to the drain, as the land use restrictions imposed a permanent impact.

The Tribunal ordered the Section 29 allowance increased by $22,500 to compensate for the working corridor.

The Drainage Referee reviewed a Preliminary Drainage Report concerning the South Innisfil Creek Drain.

The report presented three options for drain improvements and storm water management to address repeated flooding of valuable agricultural lands.

The applicants, supported by their expert witness, advocated for Option 3, which provided a larger natural reservoir and involved less financial risk than Option 2.

The Referee ordered the Municipality to direct the preparation of a complete drainage report adopting Options 1 and 3, finding the project cost-beneficial and Option 3 preferable due to its greater protection against severe storms and lower excavation cost risks.