Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER TO INTENT TO DISMISS
ISSUE DATE: September 14, 2015
BOARD ORDER NO. 137909
Assessed Person(s): Please refer to schedule A attached
Appellant(s): Please refer to schedule A attached
Respondent(s): City of North Bay, Timmins, Sudbury
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 28, 29, 30
Property Location(s): Please refer to schedule A attached
Municipality(ies): City of North Bay, Timmins, Sudbury
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. 573044
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO 137909
Heard: August 12, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| For the Assessed/Persons Appellants in schedule A attached | N. Hooda Cushman & Wakefield |
| MPAC | B. Kee |
| Town of North Bay | L. Bealieu |
| Town of Timmins | D. Campbell |
These matters having come before the Assessment Review Board at a Pre-hearing Hearing/Telephone Conference August 12, 2015.
[1] The Board finds the assessed person(s)/appellant(s) to be in default of: a) A previous Board Order No. 133571. b) Rule 86 of the Board’s Rules of Practice and Procedure by having failed to serve a Statement of Issues as required.
[2] The assessed person(s)/appellant(s) provided the following EXPLANATION FOR DEFAULT: Couldn’t get the Statement of Issues prepared by the April 14, 2015 date ordered, and still hasn’t been able to prepare it 4 months later.
The Board orders:
3The assessed person(s)/appellant(s) shall serve a Statement of Issues by no later than: September 30, 2015 on the Municipal Property Assessment Corporation (“MPAC”), and the Municipalities.
4The 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: Assessment Review Board Attn: Registrar 655 Bay Street, Suite 1500 Toronto ON M5G 1E5
Submit by FAX: Attn: Registrar 416-314-3717
Submit by E-MAIL: arb.registrar@ontario.ca
5The assessed person(s)/appellant(s) or appellant(s) are given notice that if the Board does not receive proof 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); or appellant(s) complies with this Board Order:
6MPAC shall serve a Statement of Response on the assessed person(s)/appellant(s) and the Municipalities by no later than: November 30, 2015.
7If the Municipalities or other Respondent(s) intend to take part in the proceedings they shall serve a Statement of Response on the assessed person(s)/appellant(s) and MPAC by no later than: November 30, 2015.
8The Respondent(s) shall file proof of service of the Statement of Response with the Board directed as follows no later than: November 30, 2015.
Submit by MAIL: Assessment Review Board Attn: Registrar 655 Bay Street, Suite 1500 Toronto ON M5G 1E5
Submit by FAX: Attn: Registrar 416-314-3717
Submit by E-MAIL: arb.registrar@ontario.ca
9The Respondent(s)s are given notice that if the Board does not receive proof of service of the Statement of Response by said date, the result may be the non-compliant party not being allowed to introduce evidence at the hearing event for these matters. Or an award of costs in accordance with BO No. 133571. That party shall nevertheless be obligated to provide disclosure information as required by the Board’s Rules of Practice and Procedure.
Each Statement of Issues and Statement of Response shall comply with the Board’s Rules of Practice & Procedure
10A draft Procedural Order inclusive of hearing date shall be filed with the Board by no later than: December 31, 2015.
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 Stream and possible in the Direct Hearing Stream. 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.
11This matter is adjourned to a further prehearing/Telephone conference call which, will be held: January 8, 2016 at 11:00a.m.
Hearing No: 603453
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: 416-212-8012
From outside of Toronto: 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.
12Note: Rule 15 of the Board’s Rules of Practice and Procedure whereby the Board will if one or more parties have not yet appeared,
will not proceed with an in-person hearing event for at least 30 minutes after the time given for commencement of the event.
will 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 review and approve the Procedural Order and/or to award costs for any further non-compliance with the Board Orders.
“Joe Wyger”
JOE WYGER MEMBER
COPIES TO: Parties who appeared/ and or participated AND TO: MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca Case Coordinator, Mohammed Manjra
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