OAFRAAT 2017

The appellant appealed the engineer's report for the repair and improvement of a municipal drain under sections 48(1) and 54(1) of the Drainage Act.

The appellant argued the drain was over-designed, an earth berm was improperly designed, a private drain was illegal, and their lands should not be assessed.

The Tribunal dismissed most grounds of appeal, finding the design standards appropriate and the private drain legal.

However, the Tribunal granted the appeal in part, ordering the engineer's report be modified to include a compacted clay key in the earth berm design and to plug an existing tile beneath the berm to properly support wetland development.

The appellants appealed the benefit assessment levied against their property for a municipal drainage project.

The Tribunal reviewed the revised Engineer's Report and found that the proposed drainage works, including a closed pipe and open drain, would significantly improve the property's drainage and increase its value.

The Tribunal concluded that the benefit assessment of $359 was fair and reasonable, confirmed the Engineer's Report, and dismissed the appeal.