W.J. Dietrich

Several landowners appealed an Engineer's Report under the Drainage Act concerning the relocation and improvement of the Baillie Municipal Drain.

The appellants argued that the works were unnecessary, would cause maintenance issues, and that the process was flawed.

The Tribunal dismissed the appeals, finding that the appellants had no standing to appeal on the basis of benefits not being commensurate with costs since they were not assessed for benefit.

The Tribunal also found the proposed works, including the relocation of the drain and replacement of culverts, to be reasonable and in compliance with the Act's procedural requirements.

The appellants appealed the engineer's report regarding the construction of the Gill Road Municipal Drain, arguing that the assessments levied against their residential properties were inequitable and that they were misled about the availability of government grants.

The Ontario Drainage Tribunal found that the primary purpose of the drainage works was to upgrade Gill Road to service a new residential development.

Consequently, the Tribunal ordered the benefit assessment against Gill Road to be increased to $70,000, with the corresponding reduction applied to the residential properties.

The Tribunal also reduced one appellant's outlet liability assessment to zero, finding no justification for it, but otherwise upheld the engineer's assessments for agricultural and institutional lands.