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Valuation day for supplementary assessments under s. 34 of the Assessment Act is prescribed by s. 19.2.
The appellants appealed the 2022-2025 property assessments for a property in Hamilton, including supplementary assessments made under s. 34 of the Assessment Act.
The Board raised a preliminary question of law regarding the applicable valuation day for the s. 34 assessments.
Although all parties agreed the valuation day was January 1, 2016, the Board required legal submissions to determine if this was correct in law, departing from previous Board decisions that suggested a different valuation day applied to supplementary assessments.
The Board concluded that s. 19.2 of the Act prescribes the valuation day for all assessments for a taxation year, including s. 34 supplementary assessments.
Therefore, the valuation day for the s. 34 assessments is January 1, 2016.
A non-profit seniors housing corporation was denied a property tax exemption because it did not directly endeavour to relieve poverty.
The applicant, a non-profit corporation operating a seniors' apartment complex, sought a municipal property taxation exemption under s. 3(1)(12)(iii) of the Assessment Act, claiming to be "organized for the relief of the poor." The Municipal Property Assessment Corporation opposed.
The court dismissed the application, finding that the applicant did not demonstrate the required "endeavour" to relieve poverty as interpreted by the Court of Appeal in Religious Hospitallers of St. Joseph Housing Corp. and reaffirmed in Stamford Kiwanis Non-Profit Homes Inc. The court also found insufficient evidence that the majority of the applicant's tenants were "poor" within the meaning of the legislation, despite some units being Rent Geared-to-Income and a means test for others.
