2 total
Drainage Act appeal denied; Tribunal upholds Engineer's Report and proposed drainage route.
The appellant appealed an Engineer's Report under the Drainage Act, seeking to redirect proposed drainage away from his property to a North Drain, remove his property from the drainage area, and eliminate his assessments.
The Tribunal heard competing expert engineering evidence regarding natural surface water flow and project costs.
The Tribunal accepted the municipal engineer's conclusion that natural overland flow is predominantly from northeast to southwest and that the proposed Drain A option was the most practical solution.
The Tribunal found the appellant's assessments for benefit and outlet to be fair and equitable.
The appeals were denied.
Binding settlement upheld despite unilateral mistake argument.
The appellant challenged an order enforcing a settlement allegedly formed through correspondence between solicitors in a property dispute.
The Court of Appeal majority held that the motions judge made no reversible error in finding a binding settlement and in refusing to set it aside for unilateral mistake.
A dissenting judge would have found that the surrounding circumstances should have alerted the respondents to the mistake in the offer and would have set aside the settlement.
The appeal was dismissed with costs.
