OAFRAAT 1994

The appellants appealed their assessment for the repair and improvement of the Gordon Smith Drain.

Their lands, located outside the drain's watershed, experienced flooding due to backup flows from the Ruscom River overtopping the drain's banks.

The engineer had assessed them a Cutoff Benefit for the proposed control structure.

The Tribunal held that the duty to provide a sufficient outlet rests entirely on the assessed owners within the watershed.

Since the flooding was caused by an insufficient outlet, the costs to remedy it must be borne by the watershed owners.

The appeal was allowed and the appellants' assessments were reduced to zero.

The appellant appealed a matter concerning the R. F. MacLennan Municipal Drain in the Township of Lochiel.

After an initial hearing that was adjourned on consent, the appellant's counsel requested that the appeal be withdrawn.

The respondent had no objection.

The Ontario Drainage Tribunal ordered the appeal withdrawn with no order as to costs.

The appellants appealed the engineer's report regarding the 20-21 Sideroad Outlet Drain.

The Ontario Drainage Tribunal ordered reductions in the benefit assessments levied against the appellants' lands, adding the reduced amounts to the assessment against the road.

The Tribunal also ordered an allowance for one appellant, amended the report to provide a 50-foot work corridor, and clarified maintenance responsibilities for various drain components.

The appellant ski resort appealed an outlet liability assessment for a proposed drainage works.

The appellant argued that as a riparian owner, its lands should not be assessed.

The Tribunal found that while the appellant's use of the natural watercourse for snow-making was not unreasonable, the appellant was importing foreign water from outside the watershed.

The Tribunal held that the appellant's lands were liable for outlet assessment only for the foreign waters discharged into the natural watercourse.

The assessment was reduced from $23,040 to $6,000, with the balance levied against the Ministry of Transportation.

The appellant appealed his assessment for the improvement of the Escott Drain, which involved enclosing a portion of the open drain along a road allowance.

The appellant argued the drain should remain open and objected to the assessment.

The Tribunal found the assessment equitable, noting the benefits to the appellant's lands, including eliminated cleanout costs, reduced maintenance, and enhanced property value.

The appeal was dismissed.