Assessment Review Board Commission de révision de l’évaluation foncière
PROCEDURAL ORDER
ISSUE DATE: August 18, 2015 BOARD ORDER NO. 137209
Assessed Person(s):
Penady (Barrie) Ltd.
Appellant(s):
Penady (Barrie) Ltd.
Respondent(s):
City of Barrie
Respondent(s):
Municipal Property Assessment Corporation (“MPAC”)
Region 16
Property Location(s):
Please refer to schedule A attached
Municipality(ies):
City of Barrie
Roll Number(s):
Please refer to schedule A attached
Appeal Number(s):
Please refer to schedule A attached
Taxation Year(s):
2013-2015
Hearing Event No.
590535
Legislative Authority:
Section 40 of the Assessment Act, R.S.O. 1990, c.
A.31, as amended
ARB Case Name:
BO 137209
Heard:
July 9, 2015
APPEARANCES:
Parties Counsel+/Representative
Penady (Barrie) Ltd. Brad Nixon for Counsel+
MPAC David Zhao
City of Barrie Pam Childs
PROCEDURAL ORDER OF THE ASSESSMENT REVIEW BOARD
These matters came before the Assessment Review Board at a pre-hearing event on July 9, 2015.
The Board orders that:
The hearing will begin on June 15, 2016 at a start time of 9:30 a.m., at 70 Collier Street, Barrie City Hall (Room: Sir Robert Barrie Room), in the municipality of Barrie. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Board’s Rules apply to such requests. If an alternative time frame for the Commencement of the hearing is agreed to by the parties and communicated to the Board no later than July 20, 2015 the Board may accommodate the request
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.
Any party requiring a subsequent pre-hearing event or a motion date may contact the Registrar to secure a date and shall serve and file motion materials indicating the nature of the order requested. The motion shall be heard by teleconference call.
A statement of Issues shall be served no later than September 30, 2015, and the Responses shall be served no later than November 30, 2015.
If the municipality does not serve a Statement of Response, it 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.
Discovery and Production
- The parties shall to complete the process of production as necessary no later than: December 31, 2015, and examination for discovery and responses to undertakings pertaining thereto no later than: January 30, 2016 and March 30, 2016 respectively. Any party may bring a motion in accordance with the Board's Rules. In the absence of such a motion, the process shall be deemed to have been completed to the satisfaction of all parties by the above date and no further motions will be permitted.
Pre-Hearing Requirements: Witnesses, Document Exchange and Expert Evidence
- The Following items are to be exchanged:
(a) A list of witnesses, including experts and the order in which they will be called by no later than: 30 days prior to hearing;
(b) Witness statements in the form of affidavits and including the documents that the witnesses will be referring to in their evidence by no later than: 30 days prior to hearing;
(c) Expert witness statements and reports by no later than: 30 days prior to hearing;
(d) An Agreed Statement of Facts will be submitted by no later than: 30 days prior to hearing; and,
(e) All other documentary evidence to be used at the hearing.
- 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
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.
Expert witnesses who are under summons, but not paid to produce a report, do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence.
Other Evidence
Requests to Admit
A party may request any other to admit the truth of a fact or authenticity of a document, for the purposes of this proceeding only, by submitting a request to admit in accordance with the Rules of Practice and Procedure. A copy of the document mentioned in the request shall be served with the request, unless it is already in the other party’s possession.
A party shall be deemed to admit the truth of the facts or authenticity of the document for the purposes of the proceeding, unless within 21 days from receipt of the request the party submits a response that either specifically denies, or refuses to admit, the truth of a fact or authenticity of the a document mentioned in the request.
Confidentiality of Information
- The Board may place certain information related to the business of the parties, or third-parties that provided information, under seal at the request of the party or third-party that provided the information.
Change of Written Evidence, Witness Attendance and Agreed Statement of Facts
A party wishing to change written evidence, including witness statements, must make a written motion to the Board, in accordance with the Rules of Practice and Procedure.
A party who provides a witness’s written evidence to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Board at least 7 days before the hearing that the written evidence is not part of their record.
Mediation and Settlement
The parties shall consider a process of ADR as described in the Rules and, if appropriate, request the assistance of the Board not later than: 60 Days prior to hearing. The Board may also direct a process of ADR at any time.
The Board member who conducts the mediation shall not preside at the hearing of the matter, in the event that the matter does not settle.
Filing Materials for Hearing
- All parties shall file jointly with the Board the following materials at the opening of the hearing:
(a) all affidavits that have been served (as above);
(b) a joint brief of documents, each party’s written opening statement (not longer than 10 pages each); and
(c) the questions from the examinations for discovery of the adverse party, if any, upon which each party intends to rely as “read ins” as part of its case in chief.
Conduct of Hearing/Hearing Procedures
- The length of the hearing will be about 3 days.
“Bernard Cowan”
BERNARD COWAN
MEMBER
COPIES TO: Parties who appeared/ and or participated
AND TO: MPAC, Attn: Manager of Case Management
Case Coordinator, Robin Mcbride
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