Assessment Review Board Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: August 31, 2015 BOARD ORDER NO. 137461
Assessed Person(s):
BMCC Phase II Realty Corporation
Appellant(s):
BMCC Phase II Realty Corporation
Respondent(s):
City of Mississauga
Respondent(s):
Municipal Property Assessment Corporation (“MPAC”)
Region 15
Property Location(s):
5115 Creekbank Road
Municipality(ies):
City of Mississauga
Roll Number(s):
2105 050 117 09070 0000
Appeal Number(s):
Please refer to schedule A attached
Taxation Year(s):
2013, 2014, 2015
Legislative Authority:
Section 40 of the Assessment Act, R.S.O. 1990, c.
A.31, as amended
ARB Case Name:
BO 137461
Parties Counsel+/Representative
BMCC phase II Realty Corporation
Mark Blinder (Goodmans LLP+ Ian Andres (Goodmans LLP)
MPAC John Scherer
Don Mitchell+
ORDER OF THE ASSESSMENT REVIEW BOARD
Counsel for the Appellant submitted a written request for an Order permitting an alternative to personal service of non-parties, pursuant to Rule 34(f) of the Assessment Review Board Rules of Practice and Procedure (the “Board’s Rules”). The Respondent Municipal Property Assessment Corporation (“MPAC”) consented to the request.
It is hereby ordered that:
- service of the Appellant’s motion materials to compel MPAC to produce third- party information protected by Section 53 of the Assessment Act to legal counsel and consultants for the Appellant, in exchange for undertakings of confidentiality and non-disclosure in a form to be agreed upon by counsel, shall be effected in the following manner:
a) the Appellant shall serve its notice of motion and all supporting documents, by courier or registered mail, on the Board Registrar, MPAC, the Clerk of the City of Mississauga, and all affected non-parties, so that the materials are received at least 10 days before the hearing of the motion in accordance with Rule 58 of the Board’s Rules;
b) any responding party that wishes to serve responding motion materials shall do so upon the parties noted in paragraph (a) hereof, by courier or registered mail, so that the materials are received at least 5 days before the hearing of the motion in accordance with Rule 60 of the Board’s Rules;
c) personal service as required by Rule 34(f) of the Board’s Rules shall not be required when serving non-parties;
d) service of non-parties shall be effected by sending a copy of the relevant motion materials, by courier or registered mail, to:
i) their legal counsel or representative (if known); or
ii) the address shown on the assessment rolls returned for the 2013 through 2015 taxation years for the non-party, and, the corporate head office of the non-party, if the assessment roll information and the corporate head office addresses differ.
Proof of service in accordance with this Order shall be delivered to the Board prior to the hearing of the motion.
The appeals are adjourned to a motion hearing on October 28, 2015 at a start time of 9:30a.m., at 655 Bay Street, 12th Floor Room 1. Hearing number 602129.
“Marcie Bourassa”
MARCIE BOURASSA
VICE CHAIR
AND TO: MPAC, Attn: Manager of Case Management
Case Coordinator, Mona El-Alaily
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