Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER WITH NOTICE OF INTENT TO DISMISS AND RESTRICT EVIDENCE AT A HEARING
ISSUE DATE: August 27, 2015
BOARD ORDER NO. 137559
Assessed Person(s): HJ Hotels (Markham) Inc
Appellant(s): HJ Hotels Inc
Respondent(s): City of Markham
Respondent(s): Municipal Property Assessment Corporation (“MPAC”)
Region 14
Property Location(s): 555 Cochrane Drive
Municipality(ies): City of Markham
Roll Number(s): 1936 020 113 03010 0000
Appeal Number(s): 2973686, 3020618, 3081659
Taxation Year(s): 2013, 2014, 2015
Hearing Event No. 587635
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO 137559
Heard: August 13, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| HJ Hotels (Markham) Inc | Colin Francis for Representative (Altus Group) |
| MPAC | Bronwyn Wright |
| City of Markham | No one appeared |
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 on August 13, 2015.
The Board finds the assessed person/appellant to be in default of a previous Board Order and of the Board’s Rules of Practice and Procedure, by having failed to serve a Statement of Issues as required.
The Board finds MPAC and the assessed person/appellant to be in default of a previous Board Order and the Board’s Rules of Practice and Procedure by having failed to file a draft Procedural Order with the Board prior to the August 13, 2015 pre-hearing event.
The appearing parties were informed that the release of this Order may follow the date Ordered herein for service of the Statement of Issues. They were informed that this Order, as orally communicated by the Board, would nevertheless have the full force and effect contemplated.
The Board orders that:
The assessed person/appellant shall serve a Statement of Issues on the Municipal Property Assessment Corporation (MPAC) and the Municipality no later than: September 18, 2015.
The assessed persons/appellants shall file notice of service of the Statement of Issues with the Board, directed as follows, no later than: September 18, 2015.
Assessment Review Board Or submit by Fax: Attn: Registrar
655 Bay Street
Attn:
Registrar
Suite 1500
Fax:
416-314-3717
Toronto ON M5G 1E5
1-877-849-2066
The Statement of Issues shall comply with Rule 93 of the Board’s Rules of Practice and Procedure.
- The assessed person/appellant are given notice that if the Board does not receive notice of service of the Statement of Issues by said date, the Board will dismiss the appeals 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/appellant complies with this Board Order,
MPAC shall serve its response on the other parties no later than November 16, 2015, with notice of service to the Board by that date.
If the municipality intends to take part in the proceedings, it shall serve its response on the other parties no later than November 16, 2015.
The Parties shall serve a draft Procedural Order with the Board no later than November 30, 2015. This Order shall be substantially in accord with that posted on the Board’s website and shall include proposed hearing dates.
The parties are given notice if the Board does not receive a draft Procedural Order by said date the Board will not permit introduction of evidence at the hearing without consent of the other participating parties and leave of the presiding Board Member(s), or as many otherwise be restricted as determined by the Board at or subsequent to the next hearing event as scheduled herein. Any restriction on evidence pursuant to this Order shall not relieve the parties of their customary disclosure responsibilities.
This matter is adjourned to a further pre-hearing event, by telephone conference, which will be held on December 18, 2015 at 10:00 a.m.
Hearing Number: 599668
The purpose of the pre-hearing is to adopt a Procedural Order, inclusive of a hearing date.
No further Notice will be given.
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: 5765474#.
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.
“Bernard Cowan”
BERNARD COWAN
MEMBER
COPIES TO: Parties who appeared/ and or participated AND TO: MPAC, Attn: Manager of Case Management
Case Coordinator, Kevin Aguiar
City of Markham, AKnegje@markham.ca
Mailed To: H5 Hotels Inc.
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