The Applicants sought declarations that a Ditch Inlet Manhole (DIMH) on their property was owned by the City of Vaughan, constituted a public utility, and requested an easement and compensation for expropriation under the Expropriations Act.
The City contended the DIMH was private property, citing a subdivision agreement and a by-law that explicitly stated the City would not assume ownership of private drainage structures.
The court dismissed the application, finding that the DIMH was a private storm drainage structure owned by the Applicants, and that the term "rear lot catch basin" in the subdivision agreement encompassed DIMHs.
The court also stated it lacked jurisdiction to mandate expropriation or assumption of responsibility by the City.
