2 total
Request for review of property assessment decision denied; no errors of fact, law, or procedural fairness found.
The Requester sought a review of an Assessment Review Board decision that reduced the residential portion of their property assessments due to nearby electrical infrastructure, but did not reduce the farm portion.
The Requester argued the Presiding Members failed to properly consider evidence of devaluation, denied procedural fairness by accepting a book of authorities late, and demonstrated bias.
The Board denied the request for review, finding no palpable and overriding error in the assessment of evidence, no denial of natural justice in accepting jurisprudence, and no reasonable apprehension of bias.
The court granted partial summary judgment dismissing conspiracy and misrepresentation claims against an appraiser, but ordered a mini-trial for negligence and economic interference claims.
The defendants Robert Stewart and Indicom Appraisal Associates Ltd. brought a motion for summary judgment to dismiss the plaintiffs' action.
The plaintiffs, Correct Building Corporation and Correct Group Inc., claimed damages under various causes of action, including civil conspiracy, negligent or fraudulent misrepresentation, negligence, unlawful interference with economic relations, and inducing breach of contract, stemming from an appraisal of the Allandale Station lands prepared for the City of Barrie.
The court dismissed the claims for civil conspiracy and negligent or fraudulent misrepresentation, finding no genuine issue for trial.
However, the court found genuine issues requiring a mini-trial for the remaining claims (negligence, inducing breach of contract, wrongful interference with economic relations) concerning the limitation period and the enforceability of the Preliminary Agreement, particularly regarding the role of an agent and the impact of environmental/archaeological issues on property value.
