Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: April 8, 2015
Assessed Person(s): Dimitrios James and Sophia Kav Simos
Appellant(s): Dimitrios Simos and Sophia Simos
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 14
Respondent(s): City of Markham
Property Location(s): 4 Vandermeer Drive
Municipality(ies): City of Markham
Roll Number(s): 1936-020-134-90554-0000
Appeal Number(s): 3048907 and 3080873
Taxation Year(s): 2014 (and deemed 2015)
Hearing Event No. 572931
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: WR 130636
Heard: February 9, 2015 in Markham, Ontario
APPEARANCES:
Parties
Counsel^+^/Representative
Dimitrios James Simos
Self-represented
Sophia Kav Simos
MPAC
Tania Papaikonomou
City of Markham
No one appeared
MEMORANDUM OF ORAL DECISION DELIVERED BY SONIA LIGHT
ISSUE
1The subject property, 4 Vandermeer Drive, is a two storey detached single family dwelling built in 2002. The effective site area as determined by MPAC methodology is 7,946 square feet and the effective frontage has been adjusted by MPAC from 59 feet to 57.72. The building total is 3,260 square feet. It is located in the community of Cachet which is within north-central Unionville and in the sub-homogeneous neighborhood designated as D50.
2For the 2014 taxation year MPAC returned an assessment for the subject property of $975,000. However, as a result of the Request for Reconsideration (“RFR”) process, MPAC recommended a reduction in the assessment to $972,000 to reflect the aforementioned minor adjustment made in the measurement of the effective frontage.
3This recommendation was not accepted by the owners who argue that the assessment should be further reduced.
4The Board must determine whether the assessment of $975,000 is correct and equitable respecting the 2014 taxation year.
5The Board provided an oral decision with reasons at the hearing but one of the parties requested the reasons for the decision to be put in writing and these reasons are being issued in response to that request.
DECISION
6The current value of the subject property assessment as of January 1, 2012 is $975,000.
7The Board finds that there is evidence before it leading to the conclusion that the current value of the subject property, as determined above, requires a further adjustment in accordance with s. 44.(3)(b) of the Assessment Act (“Act”).
8Accordingly the Board reduces the assessment from $975,000 to $935,000 for the 2014 taxation year.
REASONS FOR DECISION
Legislation
9Section 19.(1) of the Act states:
19.(1) Assessment based on current value. - The assessment of land shall be based on its current value.
10Section 1 of the Act defines “current value” as:
“current value” means, in relation to land, the amount of money the fee simple, if unencumbered, would realize if sold at arm’s length by a willing seller to a willing buyer.
11Section 19.2(1)2 states:
19.2(1) Valuation days. – Subject to subsection (5)1, the day as of which land is valued for a taxation year is determined as follows:
For the period consisting of the four taxation years from 2009 to 2012, land is valued as of January 1, 2008.
For each subsequent period consisting of four consecutive taxation years, land is valued as of January 1 of the year preceding the first of those four taxation years.
12Section 44.(3) states:
44.(3) Same, 2009 and subsequent years. – For 2009 and subsequent taxation years, in determining the value at which any land shall