APPEAL:
HIGHWAY NO. 7 DRAINAGE WORKS (RE) Township of Woolwich Peter Wozniak, Carolyn FitzGibbon, Arleen G. FitzGibbon and D. & H. Bauman
HIGHWAY NO. 7 DRAINAGE WORKS (RE), 1995 ONAFRAAT 10
STATUTE:
HEARING:
January 5, 6 and February 3, 1995
DATE OF DECISION:
May 16, 1995 for Order July 13, 1995 for Reasons
NEUTRAL CITATION:
1995 ONAFRAAT 10
TOWNSHIP OF WOOLWICH
HIGHWAY No. 7 DRAINAGE WORKS
IN THE MATTER OF:
An Appeal
Several landowners appealed the Engineer's Report for the Highway No. 7 Drainage Works in the Township of Woolwich. The appellants challenged the proposed modifications to the drain, the adequacy of allowances for land taken and crop damage, and the benefit and outlet liability assessments. The Ontario Drainage Tribunal dismissed the appeals regarding the drain modifications and allowances, finding the Engineer's design appropriate and the allowances generous. However, the Tribunal adjusted the benefit assessments, increasing the amounts levied against Highway No. 7, Regional Road No. 30, and Waterloo Flowers, as the drainage works were primarily constructed to provide outlets for them. The Tribunal also ruled that the costs for enhancing or preserving fish habitat could not be assessed against the affected lands under the Drainage Act, as such works do not fall within the definition of drainage works. One panel member dissented on the fish habitat issue.