Assessment Review Board / Commission de révision de l'évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: July 8, 2015
BOARD ORDER NO. 136711
Assessed Person(s): 432795 Nova Scotia Ltd/ MacMillian Bathurst Inc.
Appellant(s): Smurfit MBI/ MacMillian Bathurst Inc.
Respondent(s): City of Guelph
Respondent(s): Municipal Property Assessment Corporation ("MPAC") Region 22
Property Location(s): 390 Woodland Road W
Municipality(ies): City of Guelph
Roll Number(s): 2308-040-017-18900-0000
Appeal Number(s): 2920438, 2691012, 2343371, 2046500, 2408271, 2408272, 2408273 and 2408268
Taxation Year(s): 2008-2012
Hearing Event No. 577442
Legislative Authority: Sections 33 and 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO 136711
Heard: May 13, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| 3242795 Nova Scotia Limited, MacMillian Bathurst Inc. | Colin Francis (Altus Group) |
| MPAC | Tony Peleggi |
| City of Guelph | Susan Smith |
Order of the Assessment Review Board
These matters having come before the Assessment Review Board at a: Prehearing Telephone Conference Call at 3:00p.m.
1The Board finds the assessed person(s)/appellant(s); or appellant(s) to be in default of: a previous Board Order N˚: 570327-1
Background:
The Board orders:
[2] The assessed person(s)/appellant(s) or appellant(s) shall serve a Revised Statement of Issues by no later than: June 30, 2015 on: The Municipal Property Assessment Corporation ("MPAC"), and The Municipality
[3] The assessed person(s)/appellant(s) or appellant(s) shall serve a Cost of Construction Report by no later than: June 30, 2015 on: The Municipal Property Assessment Corporation ("MPAC"), and The Municipality
4An inspection of the property is required before one or more parties can comply with this order so therefore an inspection of the property is to be completed sometime during the week of: July 27-31, 2015. The Municipality is to be contacted for the opportunity to participate in the inspection.
5The assessed person(s)/appellant(s) or appellant(s) are given notice that if the Revised Statement of Issues is not delivered by said date and or the inspection of the property is not denied as per the above date(s) 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 Municipality by no later than: August 31, 2015.
7If the Municipality 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: August 31, 2015.
8The Respondent(s)s are given notice that if the Statement of Response is not delivered by said date, the result may be the non-compliant party not being allowed to introduce evidence at the hearing event for these matters. 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.
9This matter is adjourned to a further telephone conference call prehearing which will be held:
Date: September 10, 2015 Start Time: 1:00 p.m.
Hearing No: 591243
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: 5765474#
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, 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.
[10] The purpose of the next event is: Determine status and set matter to a hearing date.
Member Seized for next event.
"S. Driesel"
S. DRIESEL MEMBER
COPIES TO: To all Parties and Representatives AND TO: MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca Case Coordinator, Sandra Bennett
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