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.
ODROntario Court of the Drainage RefereeOct 11, 1995
