The appellant appealed an Engineer's Report regarding the repair of washouts in the Abray Drain.
The Report assessed the majority of the erosion control costs against upstream landowners, theorizing the damage was caused by water flowing in the drain.
The Tribunal found that the physical evidence overwhelmingly indicated the washouts were caused by surface waters flowing from the adjoining landowner's property into the drain.
Consequently, the Tribunal varied the assessment, ordering that the costs of the erosion control work be levied primarily against the adjoining landowner.
