OAFRAAT 2023

The applicants filed a complaint against the respondent seeking $7,000 in compensation for the cost and delay of repairs to a tractor that was no longer under warranty.

The Tribunal issued a Notice of Possible Dismissal Without a Hearing, questioning its jurisdiction to hear the matter under the Farm Implements Act.

After receiving no submissions from the parties, the Tribunal determined that the Act does not provide a remedy for disputes based solely on a contract of repair for an out-of-warranty farm implement.

The complaint was dismissed for lack of jurisdiction pursuant to Rule 33.01 of the Tribunal's Rules of Procedure.

The appellant appealed the assessments for the Geiger Drain under section 54 of the Drainage Act.

The appellant also brought a motion for an extension of time to file an appeal under section 48, which the Tribunal denied.

On the merits of the section 54 appeal, the Tribunal found that the majority of the engineer's assessments were fair and reasonable.

However, the Tribunal reduced the benefit assessment for Lot 5 regarding an engineered berm, finding no significant soil erosion to justify the specific benefit, and reduced the assessment for Branch C, finding the allowances should not have factored into the assessment calculations.

The appeal was allowed in part.

The appellants appealed the Engineer's Report regarding the McGee Drain under the Drainage Act.

One appellant reached an agreement with the municipality to revise the report and withdrew his appeal.

The remaining appellants argued their assessment should be reduced because the drainage issues were caused by another landowner.

The Tribunal dismissed the appeals, finding the assessments in the revised Engineer's Report to be fair and reasonable, and adopted the revised report.