OAFRAAT 2006

The appellant appealed an engineer's report and a decision of the Court of Revision regarding a municipal drain under the Drainage Act.

During the hearing, the appellant requested an adjournment to resolve a boundary dispute under the Boundaries Act, arguing that the boundary line used by the engineer was incorrect and affected the allowances provided.

The Tribunal granted the adjournment, finding that while it lacked jurisdiction to determine boundary disputes, the resolution of the boundary was relevant to determining the appropriate allowances.

The appellant was ordered to provide proof of initiating a proceeding under the Boundaries Act.

The appellant appealed a decision of the Court of Revision regarding the apportionment of assessments for the Gauthier Municipal Drain.

The Court of Revision had increased the benefit liability from 40 percent to 70 percent for certain properties, shifting more costs to the appellant.

The Tribunal accepted the engineer's evidence that the benefit to the affected properties was not significant enough to warrant the Court of Revision's increase.

The Tribunal ordered the apportionment of assessments to be adjusted to 40 percent outlet and 60 percent benefit, reflecting a reasonable ratio proportionate to the respective improvements.

The applicants requested an adjournment of a hearing regarding an appeal of a drainage scheme assessment, citing a scheduling conflict and a need for more preparation time.

The Tribunal denied the request, finding that the applicants had already received the necessary materials from the municipality and had sufficient time to prepare for the hearing.