Drainage appeal allowed in part; Washington Drain work permitted but municipality ordered to address downstream flooding.
The applicants, downstream landowners, appealed the decisions concerning the Washington Municipal Drain, arguing that the proposed work would worsen existing flooding on their lands.
The respondent municipality moved to dismiss the appeal on jurisdictional and timeliness grounds.
The Drainage Referee extended the time for the appeal, finding the applicants had not received formal notice and were confused by multiple proceedings.
On the merits, the Referee accepted expert evidence that the Washington Drain had a sufficient outlet independently, allowing that work to proceed.
However, recognizing the historical flooding and the impact of combined drainage works, the Referee directed the municipality to appoint an engineer to complete remedial work on the downstream MacLaren Creek watershed.
ODROntario Court of the Drainage RefereeJul 15, 2004
