Malcolm Stadig

The City of Greater Sudbury brought a motion to exclude a supplementary expert report and the corresponding expert witness, Malcolm Stadig, tendered by Glencore Canada Corporation in a property assessment appeal regarding mining properties.

The City argued the evidence should be excluded because Glencore failed to file an Acknowledgment of Expert Duty by the deadline set in the Schedule of Events, and because the report was not proper reply evidence.

The Assessment Review Board dismissed the motion, finding that while Glencore breached the filing deadline, excluding the evidence would cause undue prejudice to Glencore.

The Board also found that the report constituted proper reply evidence as it responded to specific, unanticipated information raised in the City's expert report.

The City of Hamilton appealed the Municipal Property Assessment Corporation's (MPAC) assessment of a steel manufacturing property owned by Stelco Inc. The sole issue was the current value of 411.6 acres of unused residual lands.

MPAC assessed the lands at a nominal value of $100 per acre due to the likelihood of environmental contamination and lack of market interest, while the City argued for a value of $125,000 per acre based on comparable sales of uncontaminated industrial lands.

The Assessment Review Board accepted MPAC's evidence that the lands were unmarketable due to contamination concerns and confirmed the nominal assessment value.

The respondents (MPAC and the City of Cambridge) brought a motion for disclosure of documents related to the appellant Toyota's excess capital and operating cost calculations for its Cambridge plant.

Toyota opposed the motion, arguing it was premature as the information would be in forthcoming expert reports, that the requests lacked specificity, and that it had already disclosed significant material.

The Assessment Review Board granted the motion, finding that relevance is the primary consideration and that Toyota has an ongoing obligation to disclose relevant documents in its possession.

The Board ordered production of the requested documents, except for a third-party expert report prepared for General Motors, which requires notice to GM.

The appellant appealed the property assessment of a large pulp and paper mill in Thunder Bay for the 2009-2012 taxation years.

The parties agreed to use the cost approach to value and agreed on the reproduction cost new of the buildings and yardworks.

The Board had to determine the appropriate deductions for functional obsolescence (excess capital and operating costs), physical depreciation, and external obsolescence due to the severe decline in the pulp and paper industry.

The Board rejected the income-based return on capital method proposed by the municipality and largely adopted the modified greenfield method proposed by the appellant's expert.

The Board reduced the assessed value of the property from $72,232,000 to $32,620,000 and found no further adjustment was required for equity.