MPAC's expert

The appellant appealed the property tax assessments for a large-format retail food store in Toronto for the 2013-2025 taxation years.

MPAC assessed the property based on a highest and best use (HABU) as a mixed-use redevelopment site, resulting in significantly higher values.

The Assessment Review Board found that MPAC failed to prove a reasonable probability of rezoning within a reasonable timeframe of the valuation dates, noting the lack of a precinct plan and compatibility issues with a nearby sugar refinery.

The Board concluded the HABU was the property's current use and reduced the assessments to $28,731,000 for the 2012 base year and $43,260,000 for the 2016 base year, using the cost approach.

Appeals and cross-appeals were brought regarding the property assessments of a special purpose food processing facility (slaughterhouse and poultry processing plant) for the 2017 to 2023 taxation years.

The Board determined the current value of the properties using the Cost Approach.

The Board established a land rate of $401,101.61 per acre for non-farmed land, relying on comparable sales of partially serviced industrial lands.

For improvements, the Board preferred the appellant's expert evidence, finding a reproduction cost new of $32,875,599 with a 14% functional obsolescence rate due to the piecemeal construction of the facility.

The Board declined to apply an equitable adjustment, finding insufficient evidence that the assessment was inequitable compared to similar lands in the vicinity.