Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: July 6, 2015
BOARD ORDER NO. 135810
Assessed Person(s): Warden Development /Loblaw Properties Limited
Appellant(s): Warden Development Corporation
Respondent(s): City of Markham
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 14
Property Location(s): 7020-7080 Warden Avenue
Municipality(ies): City of Markham
Roll Number(s): 1936-020-120-68000-0000
Appeal Number(s): 2958481, 3020206, 3082034, 2959495 and 3020840
Taxation Year(s): 2013, 2014 and 2015
Hearing Event No. 584633
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO-135810
Heard: April 24, 2015
APPEARANCES:
Parties
Counsel+/Representative
Loblaw Properties Limited
L. Frankland for Representative
Warden Development Corporation (Altus Group)
D. Jones for Representative
MPAC
F. Shea for Counsel+
Order of the Assessment Review Board
These matters came before the Board at a pre-hearing telephone conference call. The Appellants and the Respondent, the Municipal Property Assessment Corporation, with the consent of the parties, proposed an appeal management plan that the Board approved. The parties requested that the above noted appeals be added to the Q-6 grouping of the Atlus Master Plan approved by the Board by BO-136259 in order to be subject to the same timelines.
The Board orders as follows:
MPAC has or will deliver assessment data and additional information to the Appellants to permit it to understand and mathematically calculate the assessment data used in the valuation processes used by MPAC. The Appellants will deliver relevant requested information and data to permit the review of the 2012 current value estimates.
The Appellants shall deliver their Statement of Issues on or before April 29, 2016. Statements of Issues shall comply with Rule 93 of the Board’s Rules of Practice and Procedure (the “Rules”).
The Respondents shall deliver their Response to Statement of Issues on or before July 29, 2016. The Response to Statements of Issues shall comply with Rule 93.
The Appellants will deliver any reply or supplementary reports or issues, which comply with Rule 93 on or before September 16, 2016.
The parties will deliver a status report to the Board within 15 days of any reply or supplemental report due date. The status report will indicate the status of all appeals with responses due on whether the appeal was withdrawn or otherwise resolved.
The Board will convene a status conference call or pre-hearing 30 days after the status report due date. The purpose of the conference call / pre-hearing is to fix further steps for any properties on the status report that are not resolved.
The Board shall hold a pre-hearing telephone conference call (hearing no. 589932 on October 28, 2016 at 10:00 a.m. Entry Code: 4892355 #. The purpose of the pre-hearing is to schedule the appeals to hearing and address any other outstanding matters. Further notice will be provided.
For a Telephone Conference Call, no earlier than five minutes prior to the indicated start time parties must dial one of the following telephone numbers:
From Toronto: 416-212-8012 or From outside Toronto: 1-866-633-0848
After hearing the conference greeting enter the code: 4892355#.
You will not be placed into the call with the other participants in the conference until the presiding member is on the line.
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 that for a Telephone Conference Call event, the Board will proceed 10 minutes after start time indicated if the parties have not yet appeared.
“M. Bourassa”
M. BOURASSA
VICE CHAIR
COPIES TO: To all Parties and Representatives
AND TO: MPAC, Attn: Manager of Case Management
Case Coordinator, Kevin Aguiar
City of Markham, A. Knegje
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