2 total
Drainage Act appeals dismissed as downstream owners failed to prove the proposed work lacked sufficient outlet.
The appellants, downstream landowners, appealed an engineer's report proposing repair and improvement of the Short Drain Branches A and B. They argued the work should be delayed pending a report on the main drain, claiming it lacked sufficient outlet.
The Tribunal dismissed the appeals, finding the appellants failed to provide cogent evidence on any issues and that the main drain provided a sufficient outlet.
The Tribunal concluded the appeals were primarily intended to obstruct the municipality's statutory duty to maintain the drains, and ordered the appellants to pay a total of $4,000 in costs.
Appeal of drainage report dismissed as appellant provided no expert evidence to contradict the engineer.
The appellant, acting on his own behalf, appealed a municipal by-law adopting a drainage engineer's report for a new municipal drain.
The drain was necessitated by a neighbour infilling his lot, which blocked natural surface water flow and caused upstream flooding.
The appellant alleged the engineer imposed unauthorized property restrictions, acted with prejudice, and failed to meet professional standards.
The Drainage Referee dismissed the appeal, finding no professional evidence was presented to contradict the engineer's report and that all procedures under the Drainage Act were fully complied with.
Costs of $800 were awarded against the appellant.
No co-appearing lawyers found.
No judges found.