David Gibson

The appellants appealed the property tax assessments for a land assembly of five contiguous properties on King Street West in Toronto for the 2014-2020 taxation years.

MPAC assessed the properties based on a highest and best use of a high-rise mixed-use development.

The Assessment Review Board found that MPAC failed to rebut the presumption that the highest and best use is the existing use as 2 and 3-storey commercial buildings, as MPAC did not provide sufficient economic analysis to prove the financial feasibility of the proposed development.

The Board reduced the assessments to the current values proposed by the appellants' expert based on the existing use.

General Motors appealed the property tax assessments for its Windsor transmission plant for the 2009-2014 taxation years.

The plant operated until July 2010 and was subsequently sold as vacant land in 2014.

The Assessment Review Board held that for the 2009 and 2010 taxation years, the plant's highest and best use was as an operating factory, and valued it using the cost approach at $8,584,000.

For the 2011-2014 taxation years, the Board found the highest and best use was as scrap, and relied on the 2014 sale price to determine a current value of $6,348,000.

The Board rejected arguments that a restrictive covenant on the 2014 sale precluded its use as evidence of value, and found no inequity requiring further reduction of the assessments.