Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: July 7, 2015
BOARD ORDER NO: 136710
Assessed Person(s): Aaron Construction Limited
Appellant(s): Aaron Construction Limited, Paul Goulet
Respondent(s): City of Sarnia
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 26
Property Location(s): 190, 185, 180 and 160 Canterbury Court
Municipality(ies): City of Sarnia
Roll Number(s): Please refer to schedule “A” attached
Appeal Number(s): Please refer to schedule “A” attached
Taxation Year(s): 2013 and 2014
Hearing Event No.: 582739
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO 136710
Heard: May 12, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| Aaron Construction Limited, Paul Goulet | No one appeared |
| MPAC | Bill Sommerville |
| City of Sarnia | No one appeared |
Order OF the ASSSEMENT REVIEW BOARD
1These matters having come before the Assessment Review Board at a: Prehearing Telephone Conference Call at 2:00p.m.
2The Board finds the assessed person(s)/appellant(s); or appellant(s) to be in default of Rule 86 of the Board’s Rules of Practice and Procedure by having failed to serve a Statement of Issues as required.
3No one appeared for the assessed person(s)/appellants(s)
The Board orders:
4The assessed person(s)/appellant(s) or appellant(s) shall serve a Statement of Issues by no later than: July 31, 2015 on the Municipal Property Assessment Corporation (“MPAC”), and the Municipality.
5The assessed person(s)/appellants(s) or appellant(s) shall file proof of service of the Statement of Issues with the Board directed as follows no later than: August 7, 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
The 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 Municipality by no later than: September 30, 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: September 30, 2015.
8The Respondent(s) shall file proof of service of the Statement of Response with the Board directed as follows no later than: October 9, 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
The 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. 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.
9A draft Procedural Order inclusive of hearing date shall be filed with the Board by no later than: October 9, 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.
10This matter is adjourned to a further telephone conference call prehearing which will be held:
Date: November 3, 2015 Start Time: 10:00 a.m. Hearing No: 591536
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.
11The purpose of the next event is:
COPIES TO: To all Parties and Representatives AND TO: Case Coordinator, Lola Bernstein MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca Mail To: Assessed/person(s) and Appellant(s) City of Sarnia, Nancy Wright
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