Assessment Review Board Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: August 27, 2015 BOARD ORDER NO. 137509
Assessed Person(s): Please refer to schedule A attached Appellant(s): Northam Realty Advisors Ltd
Respondent(s): City of Markham
Respondent(s): Municipal Property Assessment Corporation (“MPAC”)
Region 14
Property Location(s): Please refer to schedule A attached Municipality(ies): City of Markham
Roll Number(s): Please refer to schedule A attached Appeal Number(s): Please refer to schedule A attached Taxation Year(s): 2009-2012
Hearing Event No. 596154
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c.
A.31, as amended
ARB Case Name: BO 137509
Heard: July 23, 2015
APPEARANCES:
Parties Counsel+/Representative
Northam Realty Advisors Ltd Nick Mewett (Altus Group) MPAC Karey Lunau+
City of Markham No one appeared for the City of Markham
PROCEDURAL ORDER OF THE ASSESSMENT REVIEW BOARD
The parties have already submitted and exchanged the:
(a) GRAD Report and assessment data;
(b) Statement of Issues of the Appellant;
(c) MPAC’s Response to the Statement of Issues;
THE BOARD ORDERS THAT:
[1]. The Municipality did not serve a Statement of Response, and therefore shall be deemed to have elected not to participate actively in the appeal. The Municipality remains a statutory party and shall be entitled to notice of all future events and service of all material, but without leave of the Board shall not be entitled to raise issues or present evidence at the hearing. Limited cross-examination may be permitted.
[2]. A full hearing date will be set by the Board from February 10, 2016 to February 12, 2016 with a start time of 9:30 a.m. at 101 Town Centre Boulevard, Hearing Room Council Chambers in the Municipality of Markham. Hearing No. 599929 Notice will be sent to all parties of the date and time of the hearing.
[3]. Any party requiring a subsequent pre-hearing event or a motion date may contact the Registrar to secure a date and may serve and file motion materials indicating the nature of the order requested. The motion may be heard by teleconference call.
[4]. The Board may vary or add to this Order at any time, either on request or as it sees fit. It may alter this Order by an oral ruling or by another written Order.
PRODUCTION
[5]. The parties are expected to complete the process of discovery and production as necessary not later than December 11, 2015. Any party may bring a motion in accordance with the Board’s Rules.
PRE-HEARING REQUIREMENTS: WITNESSES, DOCUMENT EXCHANGE AND EXPERT EVIDENCE
[6]. The following items are to be exchanged:
a. A list of witnesses, including experts, and the order in which they will be called by January 14 2016;
b. Witness statements in the form of affidavits and including the documents that the witnesses will be referring to in their evidence by January 14 2016;
c. Expert witness statements and reports by January 19 2016;
d. If appropriate, an Agreed Statement of Facts will be submitted by January 19 2016, and,
e. All other documentary evidence to be used at the hearing.
[7]. Any documents not disclosed by the timeframes set out above, may not be used as evidence at the hearing. Where a witness statement or expert report has not been provided by this date, the witness may not give evidence at the hearing.
EXPERT WITNESSES AND EVIDENCE
[8]. Any party who provides a witness statement of expert witness and report must have the witness attend the hearing to give oral evidence, unless the party notifies the Board at least 10 days prior to the hearing that written evidence is not part of their record or unless all parties advise in writing that they do not dispute the contents of the affidavit.
CHANGE OF WRITTEN EVIDENCE, WITNESS ATTENDANCE AND AGREED STATEMENT OF FACTS
[9]. A party wishing to materially change written evidence, including witness statements, must make a written motion to the Board, in accordance with the Rules of Practice and Procedure.
CONDUCT OF HEARING/HEARING PROCEDURES
[10]. The length of the hearing will be three days.
“Sonia Light”
SONIA LIGHT
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
Attachment(s): 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