Assessment Review Board
Commission de révision de l’évaluation foncière
PROCEDURAL ORDER
ISSUE DATE: October 6, 2015
BOARD ORDER NO. 138509
Assessed Person(s): Please refer to schedule “A” attached
Appellant(s): Please refer to schedule “A” attached
Respondent(s): City of Mississauga
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 15
Property Location(s): Please refer to schedule “A” attached
Municipality(ies): City of Mississauga
Roll Number(s): Please refer to schedule “A” attached
Appeal Number(s): Please refer to schedule “A” attached
Taxation Year(s): 2001-2012
Hearing Event No. 597537
Legislative Authority: Sections 32, 33 and 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: September 25, 2015
APPEARANCES:
| Parties | Counsel⁺/Representative |
|---|---|
| Nuance Group (Canada) Inc. (Nuance), Host International of Canada Ltd. (Host), LS Travel Retail North America Inc. (LSTravel) | P. Milligan ⁺ J. Walker⁺ |
| The Greater Toronto Airports Authority (GTAA) | R. Ford-King |
| MPAC | M. Ferrari |
| City of Mississauga | B. Teichman⁺ S. Turnbull |
Order of the Assessment Review Board
The appeals for Nuance came before the Assessment Review Board at a pre-hearing/telephone conference call event at 10:00 a.m. on September 25, 2015.
Mr. Milligan, counsel for Nuance, Host, and LS Travel on the appeals of Pearson Airport Roll numbers set out in Schedule A intends to bring a motion under Rule 57 of the Board’s Rules of Practice and Procedure to compel MPAC to produce documents containing confidential information received from the Greater Toronto Airports Authority (GTTA) or other tenants or occupants of Pearson Airport roll numbers which is subject to section 53 of the Assessment Act, R.S.O. 1990, c.31 (the “Act”).
Mr. Milligan is also seeking an order providing for service on non-parties other than as provided for in Rule 34 of the Board’s Rules.
The Board directed Mr. Milligan to submit a draft order to the Board by the end of the day on September 25, 2015 and directed the parties to submit comments or objections to the order to the Board by the end of the day on September 28, 2015.
No comments or objections by parties were received by the Board.
On consent of the parties the Board orders that:
Nuance, Host and LS Travel shall file and serve any motion(s) for disclosure from MPAC of financial information on other airport roll numbers or before October 16, 2015.
All responses to the Notice of Motion shall be served and filed on or before October 26, 2015.
The motion(s) for disclosure shall be heard in the City of Mississauga on November 4th and November 5, 2015. Details of the hearing are as follows:
Hearing # 593530 Time: 10:00 a.m. Location: 300 City Centre Drive Mississauga November 4, 2015 – Hearing Room C November 5, 2015 – Hearing Room D
Nuance, Host and LS Travel shall be permitted to serve the Counsel or Representative of Record for assessed persons and the responding municipality rather than by personal service, if the assessed persons are represented by counsel or a representative in an appeal before the Board on an airport roll number.
Nuance Host and LS Travel shall be permitted to serve all other assessed persons by registered mail to the last known mailing address for the assessed persons which is to be provided by MPAC, in which case the service shall be directed to the “President, Chief Operating Officer, or Controller “
A copy of this order shall be served by the Nuance, Host and LS Travel with the motion materials on all respondents to the motion.
No further notice will be given.
Susan F.Mather Vice-Chair
Catherine Roberts Member
COPIES TO: All Assessed Persons, Appellants, and Representatives, as per Schedule A attached
AND TO: MPAC, Attn: Manager of Case Management Mona El-Alaily, Case Coordinator arb.registrar@ontario.ca S. Turnbull, City of Mississauga Thomas Barlow David Fleet
Attachment: 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