Claim for negligent design of a municipal drain dismissed; private perimeter drain ordered incorporated into the municipal system.
The plaintiff developer sued the defendant municipality for damages, alleging negligent design and installation of a municipal drain across its proposed subdivision.
The plaintiff claimed the drain was not installed on the property lines and that reduced pipe grades compromised its capacity.
The Drainage Referee applied the discoverability rule to find the action was not statute-barred.
On the merits, the Referee dismissed the negligence and damages claims, finding the drain's design was adequate for its intended rural and future urban purposes, and that while the installation deviated from the planned grades, subsequent remedial work and increased downstream grades compensated for any lost capacity.
The Referee ordered that an unauthorized private perimeter drain built by the plaintiff be incorporated into the municipal drainage system, with an allowance paid to the plaintiff.
ODROntario Court of the Drainage RefereeOct 23, 2000
