The appellant appealed the quality of construction of a municipal drain under section 64 of the Drainage Act.
The appellant raised concerns regarding a gabion structure placed on its property, potential liability, and the improper disposal of excavated spoil which created a berm and caused ponding.
The Tribunal found the gabion structure was constructed adequately and in accordance with the engineer's report, and declined to order fencing at the drain's expense.
However, the Tribunal found the spoil was not adequately spread and ordered the engineer to consult with the landowner to level the material and construct swales to prevent ponding.
