2 total
Appeal dismissed; trial judge made no palpable error in finding drainage system installation inadequate.
The appellant appealed a trial judgment dismissing its action for payment for installing a subsurface drainage system and awarding damages on the respondent's counterclaim for crop losses due to improper drainage.
The trial judge found the system inadequate due to soil conditions, the filter used, and installation in wet conditions.
The Court of Appeal dismissed the appeal, finding no palpable error in the trial judge's factual findings.
The Court also upheld the damages award, noting the limitation of liability clause was not incorporated into the agreement or pleaded.
Tribunal adjusts municipal drain assessments to account for different run-off rates but declines to modify works.
Several landowners appealed the assessments and the engineer's report regarding the Bourdeau Municipal Drain.
The appellants argued that the municipality should bear the costs of drain modifications and repairs, and disputed their individual assessments based on the extent to which their properties contributed to or benefited from the drain.
The Tribunal found insufficient evidence to modify the drainage works but ordered adjustments to the assessment schedule, including a minimum assessment per property and specific reductions for certain landowners, noting that the engineer failed to differentiate run-off rates between residential and undeveloped lands.
