The appellant appealed under section 64 of the Drainage Act, claiming the Nelson Street Outlet Municipal Drain was constructed in the wrong location.
The Tribunal found that the drain was not constructed to the specifications of the engineer's report due to unanticipated construction difficulties.
However, because there was little immediate advantage to relocating the drain, the Tribunal ordered the respondent municipality to pay the appellant an allowance of $4,000 for future reconstruction costs, allowing the appellant to relocate the drain at its convenience.
