Christopher W. Kaufman

The Township of Warwick appealed the property assessment of an active private landfill owned by Waste Management of Canada Corporation.

The central issue was whether the valuation of the landfill under section 43.2 of O. Reg. 282/98 should include the market value of its remaining landfilling capacity.

The Assessment Review Board held that section 43.2 requires the exclusion of value attributed to the remaining landfilling capacity, as the regulation mandates valuing the land as if it were vacant industrial land.

The Board set the current value of the property at $6,387,000 for the 2019, 2020, and 2021 taxation years and found no equity adjustment was required.

The Township of Warwick appealed the MPAC assessment of an active private landfill owned by Waste Management of Canada Corporation for the 2019, 2020, and 2021 taxation years.

The central issue was whether section 43.2 of O. Reg. 282/98 requires the valuation of the landfill as 'vacant industrial land' to include the market value of its remaining landfilling capacity.

The Assessment Review Board held that section 43.2 establishes a special valuation regime that ousts the general market value approach under section 19(1) of the Assessment Act.

Consequently, the value of the remaining landfilling capacity must be excluded.

The Board determined the correct current value of the property to be $6,387,000 and found no basis for an equity adjustment.