Assessment Review Board
Commission de révision de l’évaluation foncière
PROCEDURAL ORDER
ISSUE DATE: October 6, 2015
BOARD ORDER NO. 138511
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): 2004-2016
Legislative Authority: Sections 32, 33 and 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Parties
Counsel+/Representative
Enterprise Rent-A-Car Canada Limited (Enterprise), National Car Rental (Canada) (National), Budget Care Rentals Toronto (Budget), and Avis Budget Care Rental LLC (Avis-Budget), Avis Care Inc. (Avis)
D. Fleet+
The Municipal Property Assessment Corporation
M. Van Berkum
City of Mississauga
B. Teichman+
Order of the Assessment Review Board
Mr. Fleet, counsel for Enterprise, National, Budget, Avis and Avis-Budget Car Rental Companies) 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. Fleet seeks an order providing for service on non-parties other than as provided for in Rule 34 of the Board’s Rules.
Mr. Fleet has submitted a draft order to the Board which has been approved as to form and content by the other parties to the appeals. No comments or objections by parties were received by the Board.
On consent of the parties the Board orders that:
The Car Rental Companies 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
The Car Rental Companies 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.
The Care Rental Companies 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 Enterprise, National, Budget, Avis and Avis-Budget 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 Peter Milligan Jaime Walker
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