Assessment Review Board
Commission de révision de l’évaluation foncière
PROCEDURAL ORDER
ISSUE DATE:
July 20, 2015
BOARD ORDER NO.
136659
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
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.
579334
Legislative Authority:
Sections 32, 33 and 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name:
BO-136659
Heard:
May 27, 2015
APPEARANCES:
Parties
Counsel^+^/Representative
Exchange Corporation Canada (Altus Group)
D. Fleet+
The Greater Toronto Airports Authority (GTAA)
R. Ford-King
MPAC
M. E. VanBerkum+
City of Mississauga
B. Teichman+
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 May 27, 2015
The parties are in default of the previous order of the Board made at a telephone conference call prehearing (Hearing # 570165) on December 9, 2014 which required the parties to file a draft procedural order with the Board by December 18, 2014.
Mr. Fleet counsel for the Exchange Corporation Canada (“ECC”) advised that before he will be in a position to set further procedural dates he needs to bring a motion before the Board to obtain disclosure from MPAC of financial information on other airport roll numbers that is relevant to the ECC’s appeals before the Board
Mr. Fleet further advised that he anticipates he will bring a motion(s) for financial disclosure with respect to appeals on other airport roll numbers for which he is Counsel and submitted that it would be most expedient to bring one motion. Ms. Van Berkum on behalf of MPAC agrees.
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 September 25, 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 September 25, 2015.
All responses to the Notice of Motion shall be served and filed on or before October 30, 2015.
The motion(s) for disclosure shall be heard in the City of Mississauga on November 4^th^ 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 10:00 a.m. on September 30, 2015.
Hearing Number: 593229
The purpose of the pre-hearing is to confirm that the a motion for financial disclosure
from MPAC has been served and filed by ECC as required by paragraph 1 of this order.
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: # 3612806#
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.
“C. Roberts”
C. ROBERTS
MEMBER
“S F. Mather”
S F. MATHER
VICE CHAIR
COPIES TO: To all parties who appeared
AND TO: MPAC, Attn: Manager of Case Management
Mona El-Alaily, Case Coordinator
S. Turnbull, City of Mississauga
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