Assessment Review Board Commission de révision de l’évaluation foncière
PROCEDURAL ORDER
ISSUE DATE: August 31, 2015
BOARD ORDER NO. 137709
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): 2004-2012
Hearing Event No. 600129
Legislative Authority: Sections 32, 33 and 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: August 21, 2015
APPEARANCES:
Parties Counsel+/Representative
Exchange Corporation Canada (ECC) D. Fleet +
The Greater Toronto Airports Authority (GTAA) T. Coleman
MPAC Melissa E. Van Berkum+
City of Mississauga Brad. Teichman+
S. Turnbull
Page 1 of 4
ORDER OF THE ASSESSMENT REVIEW BOARD
These matters came before the Assessment Review Board at a pre-hearing/telephone conference call event at 10:00 a.m. on August 21, 2015.
The pre-hearing was requested on an emergency basis by Mr. Fleet Counsel for ECC. Mr. Fleet was seeing a variation of BO 136659. A lengthy discussion took place with respect to the production motions that may be required by the tenant appellants at the airport. Mr. Ford-King and Mr. Barlow representatives for the GTAA did not receive notice of the call and it became apparent that discussion between all representatives is required.
Mr. Milligan, Counsel for airport tenants appeared to observe the proceedings.
Due to time constraints the Board agreed to vary BO – 136659 to the same dates as provided for appeals of the Altus Group in BO- 136509.
This order amends BO 136659 made May 27, 2105 and issued July 20, 2015.
The Board orders that:
The ECC shall file and serve any motion(s) for disclosure from MPAC of financial information on other airport roll numbers or before October 16, 2015.
The ECC will be required to proceed without the disclosure sought from MPAC of financial information on other roll numbers if the it has not served and filed any motion(s) on 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 ECC shall be permitted to serve the Counsel or Representative of Record for assessed persons, 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.
All other assessed parties must be served personally as required by Rule 34 of the Board’s Rules of Practice and Procedure.
A copy of this order shall be served by the ECC with the motion materials on all respondents to the motion.
Motions by other appellants represented by Mr. Fleet seeking disclosure by MPAC of the financial information of tenants of the airport may be made returnable on November 4, 2015.
The ECC appeals as shown on schedule A are adjourned to a telephone conference which will be held at 11:00 a.m. on September 25, 2015.
Hearing Number: 600630
The purpose of the pre-hearing is to review the status of the matters.
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.
No further notice will be given.
“Susan Mather”
Susan Mather Vice Chair
“Catherine Roberts”
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
The Greater Toronto Airport Authority, R. Ford-King Peter Milligan, pmilligan@millerthomson.com Thomas Barlow, tbarlow@fasken.com
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