Richard Limoges

The moving parties sought costs of $37,577.50 following a property assessment hearing where their assessments were reduced.

They argued the hearing was unnecessary and that MPAC acted unreasonably by failing to call a specialized wind turbine expert, omitting certain comparable sales, and making an inappropriate settlement offer.

The Assessment Review Board dismissed the motion, finding no evidence that MPAC acted unreasonably, frivolously, vexatiously, or in bad faith as required by Rule 138 and section 17.1 of the Statutory Powers Procedure Act.

The appellants appealed the property assessments of their two farm properties, arguing that the surrounding electrical infrastructure, including wind turbines, a high-voltage transmission line, and a large transformer and switching station, negatively impacted their value.

The Assessment Review Board found insufficient evidence to conclude that wind turbines generally impact land value or to quantify the specific impact of the switching station on the subject properties.

However, applying the principle of equity under section 44(3)(b) of the Assessment Act, the Board reduced the assessment of the residential portions of the properties by 50% to align with a previous Board decision involving a similar property near major electrical infrastructure.

No reduction was applied to the farmland portions.

The moving party brought a motion requesting the Member recuse himself from deciding the property assessment appeals.

The request was based on the Member's previous decision in an unrelated matter involving a report by the same expert witness, and the Member's past affiliation as a Federal Member of Parliament for the Liberal Party.

The Board applied the test for reasonable apprehension of bias and found that a reasonable, informed person would not conclude the Member was biased.

The motion for recusal was dismissed.