Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD WITH NOTICE OF INTENT TO DISMISS
ISSUE DATE:
August 16, 2015
BOARD ORDER NO.
137859
Assessed Person(s):
Please refer to schedule A attached
Appellant(s):
Please refer to schedule A attached
Respondent(s):
City of Guelph
Respondent(s):
Municipal Property Assessment Corporation (“MPAC”)
Region 22
Property Location(s):
Please refer to schedule A attached
Municipality(ies):
City of Guelph
Roll Number(s):
Please refer to schedule A attached
Appeal Number(s):
Please refer to schedule A attached
Taxation Year(s):
2013, 2014, 2015
Hearing Event No.
596544
Legislative Authority:
Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name:
BO 137859
Heard:
August 31, 2015
APPEARANCES:
Parties
Counsel+/Representative
Assessed/Persons Appellant
A. Gocht
MPAC
W. Ching
City of Guelph
H. Klingenberg
These matters having come before the Assessment Review Board at a Pre-hearing Hearing/Telephone Conference Call on August 31, 2015.
The Board finds the assessed person(s)/appellant(s) to be in default of the Board’s Rules of Practice and Procedure by having failed to serve a Statement of Issues as required.
Neither MPAC nor the assessed persons/appellants have provided information to or communicated with Guelph, as was contemplated at the last telephone conference.
The Board orders:
Assessment details [GRAD] to be delivered forthwith by MPAC to Guelph, and both other parties shall share past correspondence and all future disclosure and related correspondence with Guelph in a timely manner.
The assessed person(s)/appellant(s) shall serve a Statement of Issues by no later than: September 30, 2015.
The assessed person(s)/appellants(s) shall file proof of service of the Statement of Issues with the Board directed as follows no later than: September 30, 2015.
Submit by MAIL:
Submit by FAX:
Submit by E-MAIL:
Assessment Review Board
Attn: Registrar
655 Bay Street, Suite 1500
Toronto ON M5G 1E5
Attn: Registrar
416-314-3717
- The assessed person(s)/appellant(s) or appellant(s) are given notice that if the Board does not receive notice of service of the Statement of Issues by said date, the Board will dismiss the appeal(s) in accordance with section 8.2 of the Assessment Review Board Act without further notice to the parties.
In the event that the assessed person(s)/appellant(s) comply with this Board Order:
The parties have agreed and the assessed person shall accordingly arrange for an inspection of the property, which is to be completed by all parties that choose to do so between October 15, 2015 and November 15, 2015.
MPAC shall serve a Statement of Response on the other parties by no later than November 30, 2015.
If the Municipality intends to take part in the proceedings it shall serve a Statement of Response on the other parties by no later than November 30, 2015.
Each Statement of Issues and Statement of Response shall comply with the Board’s Rules of Practice & Procedure
- A draft Procedural Order inclusive of hearing date shall be filed with the Board by no later than: January 8, 2016.
The parties are expected to meet before the next prehearing conference to consider the matters set out in Rule 84 of the Board’s Rules of Practice & Procedure. A Procedural Order is mandatory in the Standard. A Procedural Order will, at minimum, set out dates for procedural steps to be taken prior to the hearing and it must also include a hearing date. A sample Procedural Order is available on the Board’s website: www.arb.gov.on.ca.
- This matter is adjourned to a further telephone conference call prehearing which will be held on January 22, 2016 at 11:00 a.m.
Hearing No: 603336
For a Telephone Conference Call, no earlier than five minutes prior to the indicated start time participants to the call must dial one of the following numbers:
From within Toronto:
From outside of Toronto:
416-212-8012
1-866-633-0848
After the conference greeting enter the code: 8861054#
You will be connected to the call with all other participants. Please remain on the line until the Presiding Member calls the hearing to order.
If experiencing technical difficulties, press ‘*0’ to access the I-Serve operator for assistance.
- Note: Rule 15 of the Board’s Rules of Practice and Procedure whereby the Board will, if one or more parties have not yet appeared, not proceed with a telephone conference call or a video conference call for at least 10 minutes after the time given for commencement of the event.
In cases of non-attendance by a party, without reasonable excuse, the Board may proceed to determine the matter or, where it deems appropriate, take steps to dismiss.
The purpose of the next event is to adopt a Procedural Order, inclusive of a peremptory hearing date:
“Bernard Cowan”
BERNARD COWAN
MEMBER
COPIES TO: Parties who appeared/ and or participated
AND TO: MPAC, Attn: Manager of Case Management
Case Coordinator, Sandra Bennett
Attachment(s): Schedule A
Assessment Review Board
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248