York University applied for a declaration that four student residence buildings on its campus, built and operated by a private developer, remained exempt from municipal property tax under section 18 of the York University Act, 1965.
The Municipal Property Assessment Corporation argued the buildings lost their exemption because they were used and occupied by the private developer for profit.
The Superior Court of Justice granted the application, finding that the buildings were used and occupied for the legislated purposes of the university, despite the involvement of a private developer, and therefore remained exempt from taxation.