William Bartlett

The appellant appealed his assessment for Special Benefit under the Drainage Act regarding the Fleming Drain Extension.

The engineer's report assessed the appellant's property $10,095 for special benefit related to the partial filling of a ravine to control erosion.

The appellant argued he should be assessed nothing and that the neighbouring property should bear the cost.

The Tribunal found that the appellant's property did receive a special benefit from the stabilization of the ravine bank, but that the assessment was disproportionate.

The Tribunal ordered the appellant's special benefit assessment be reduced by 50%, with the balance assessed as Outlet and Injuring Liability to upstream lands and roads.

The Town of Bosanquet applied to the Drainage Referee for an order declaring that the proposed extension of the Coultis Drain was a proper work under Section 78 of the Drainage Act, and for an emergency order to proceed immediately.

Upstream agricultural landowners and downstream cottage owners opposed the initial design and costs.

The Referee held that Section 78 provided the municipality with the authority to extend the drain to a sufficient outlet without a petition.

The Referee found no emergency existed to justify bypassing normal procedures.

After further hearings and collaboration among the parties' engineers, a revised, more cost-effective design was submitted and approved by the Referee, including a special assessment for the Town of Forest for past use of the drain.