Appeal over costs for new access culvert over municipal drain proceeding

The Ontario Agriculture, Food and Rural Affairs Tribunal has decided to hear an appeal related to the installation of an access culvert over the McCain Sideroad Drain in the Town of Kingsville.  The issues that will go forward to a full hearing on appeal are:

Drainage Act, Section 48(1): Whether the Engineer's report should be modified as follows:

• relocation of hydro pole guy wire to be included as part of the works;
• driveway to be extended approximately 20 ft beyond the top of the culvert to match existing driveway; and,
• reference to the culvert being for Lots 117 and 118 should be corrected to Lot 117 only.

Drainage Act, Section 54(1): Whether the assessment for the entire cost of the drainage works should be to the Town of Kingsville.

It is the second issue of assessment of costs that is the most interesting in the case.  The appellants, Giselle Labelle and Roger Banar, had applied for and obtained from the Town of Kingsville in 1995 a first access culvert to their property over the drain.  The first culvert was treated as a private work and not as part of the municipal drain system.  For various reasons, however, that culvert did not satisfy the appellants'  requirements and they applied for a second culvert, which was installed. 
The main issue in their appeal to the Tribunal is whether or not they should be obligated to pay for the cost of the second culvert at all given that they already paid for the first culvert.  They allege that the second culvert is only required because the first culvert was not installed in the correct location.  Therefore, they submit, they should not have to pay twice.


Read the pre-hearing decision at: McCain Sideroad Drain Culvert.