Drainage appeal allowed in part; benefit assessment reduced to zero for lack of agricultural benefit.
The appellants appealed the Engineer's Report for a new municipal drain, challenging the lack of alternative routes, the right of way allowances, and the benefit assessments to their property.
The Tribunal found that no feasible alternative routes existed due to topography and upheld the right of way allowances as fair and reasonable.
However, the Tribunal concluded that the proposed drain provided no agricultural or developmental benefit to the appellants' lands.
Consequently, the Tribunal reduced the section 22 benefit assessment and the upstream maintenance assessment to zero, while maintaining the section 23 outlet assessment.
Ilkyu and Kangmi Choi v. Township of Wilmot, 2015 ONAFRAAT 25
