4 total
Board declines to amend 2017 property assessment for plant expansion as production capacity remained unchanged.
The Appellant appealed the property assessments for its light vehicle assembly plant for the 2009 to 2023 taxation years.
In previous interim decisions, the Board confirmed the current values for 2009-2022.
MPAC sought to amend the 2017 current value to reflect a supplementary assessment for a body shop expansion completed mid-year.
The Board found that under the agreed Production Capacity Cost Approach Method, the expansion did not change the facility's normalized annual production capacity, and therefore did not increase the Replacement Cost New.
The Board concluded no amendment to the 2017 current value was required and directed the parties to finalize apportionments.
Board ordered equitable reductions to assembly plant's property assessments based on lower construction cost rates.
The Appellant, General Motors of Canada Company, appealed the property assessments for its light vehicle assembly plant for the 2009 to 2023 taxation years.
The parties agreed that an equitable adjustment was required under s. 44(3)(b) of the Assessment Act but disagreed on the quantum.
The Board found that the best evidence to determine the equitable reduction was the Appellant's approach, which focused on the lower average construction cost rates used by MPAC to calculate the replacement cost new for similar properties.
The Board ordered reductions to the current values for the taxation years under appeal based on the Appellant's proposed percentage reductions, but rejected the Appellant's request for an additional adjustment.
Property assessment reduced to $9,577,000 after determining potential gross income and capitalization rate.
The appellant appealed the property tax assessment of a 65-unit multi-residential property for the 2017 to 2022 taxation years.
The parties agreed to use the income approach but disputed the potential gross income and the capitalization rate.
The Assessment Review Board determined the potential gross income by substituting market rents for subsidized units and established a capitalization rate of 7.16% based on comparable properties.
The Board concluded the current value of the property was $10,409,916, which was reduced to $9,577,000 after applying an agreed 8% equitable adjustment, resulting in a reduction from the returned assessment of $9,970,000.
Substantial indemnity costs awarded against defendant for reprehensible conduct in defying a prior costs order.
The plaintiff sought costs of a motion necessitated by the defendant's failure to pay a prior costs order.
The defendant had stopped payment on a cheque and indicated no intention to pay voluntarily.
The court found the defendant's conduct reprehensible and awarded the plaintiff costs of the motion on a substantial indemnity basis in the amount of $14,105.44.
