The applicants sought leave to appeal two decisions of the Assessment Review Board regarding the property tax assessment of parking lots and a development site in downtown Toronto.
The core issue was whether 'air rights' or development rights should be classified as 'land' or 'real property' under the Assessment Act, which would allow them to be classified as 'vacant land' or 'excess land' and taxed at a lower rate.
The Divisional Court found no serious debate that air rights are not land for the purposes of the Act, as they have no physical existence and are merely attributes of the land.
The applications for leave to appeal were dismissed.
