Karey A. Lunau

The appellant appealed the property assessment for a commercial property in Brampton for the 2021 to 2025 taxation years.

The parties reached a settlement agreement regarding the classification and assessed value of the property.

The Assessment Review Board issued a final decision implementing the agreement, reducing the total assessed value from $47,996,000 to $43,650,000 and confirming the classification split between Commercial (Excess Land) and Commercial (Full).

The appellant appealed the 2021 supplementary assessment and 2022 annual assessment of a newly constructed warehouse/sorting centre in Brampton.

The Board determined the appropriate valuation methodology was the Income Approach.

The Board found the correct capitalization rate to be 5.2%, resulting in a 2016 current value of $49,600,000.

Applying an agreed 12% equity reduction, the equitable assessment was determined to be $43,650,000.

The Board also addressed preliminary issues regarding the admissibility of late-filed documents and the credibility of MPAC's expert witness, finding no cumulative failure to adhere to professional standards.

The applicant brought a motion for leave to appeal a decision of the Assessment Review Board and a subsequent review decision.

The presiding Board member had conducted an independent and secret investigation of facts.

The Divisional Court found this to be a fundamental breach of procedural fairness and natural justice, rendering the member without jurisdiction.

Leave to appeal was granted.