Victor Praskey

The appellant Township applied for an order under the Drainage Act to remove an earthen dam placed in a municipal drain by the respondents.

The respondents admitted to placing the dam to draw attention to severe erosion on their property.

The Drainage Referee found that the dam posed an immediate risk of severe flooding and damage to upstream tile drains due to freezing.

The Referee ordered the immediate removal of the dam and directed the Township to commission an engineering report to address the downstream erosion issues and explore potential funding from the Ministry of Agriculture, Food and Rural Affairs.