Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER WITH NOTICE OF INTENT TO DISMISS
ISSUE DATE: September 16, 2015
BOARD ORDER NO: 137809
Assessed Person(s): Home Depot Holdings Inc.
Appellant(s): Home Depot Holdings Inc.
Respondent(s): City of London
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 23
Property Location(s): Southdale Road West
Municipality(ies): City of London
Roll Number(s): 3936-080-050-21020-0000
Appeal Number(s): 2947005, 3027148, 3091572
Taxation Year(s): 2013, 2014, 2014
Hearing Event No. 583330
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO 137809
Heard: August 31, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| Home Depot Holdings Inc. | Kim Van Vliet |
| MPAC | Bill Somerville |
| City of London | No one appeared |
Order WITHIN NOTICE OF INTENT TO DISMISS
These matters came before the Assessment Review Board at a pre-hearing/telephone conference call event on August 31, 2015.
The Board finds the assessed persons/appellants to be in default of:
a) An order of the Board delivered at a previous event No. 579129 and
b) Rule 86 of the Board’s Rules of Practice and Procedure, by having failed to serve a Statement of Issues as required.
The Board orders that:
The assessed persons/appellants shall serve a Statement of Issues no later than November 13, 2015 on the other parties.
The assessed persons/appellants shall file notice of service of the Statement of Issues with the Board, directed as follows, no later than November 13, 2015.
Submit by MAIL: Assessment Review Board Attn: Registrar 655 Bay Street, Suite 1500 Toronto ON M5G 1E5
Submit by FAX: Attn: Registrar 416-314-3717
Submit by E-MAIL: arb.registrar@ontario.ca
- The assessed persons/appellants 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 persons/appellants complies with this Board Order,
MPAC shall serve a Statement of Response on the other parties by no later than December 31, 2015.
If the municipality intends to take part in the proceedings it shall serve a Statement of Response on the other parties by no later than December 31, 2015.
The Respondent(s) shall file proof of service of the Statement of Response with the Board directed as above no later than December 31, 2015.
Each Statement of Issues and Statement of Response shall comply with the Board’s Rules of Practice & Procedure.
The parties are expected to meet before the next prehearing conference to consider the matters set out in Rule 84 of the Board’s Rules of Practice & Procedure. A Procedural Order is mandatory in the Standard Stream and possible in the Direct Hearing Stream. A Procedural Order will, at minimum, set out dates for procedural steps to be taken prior to the hearing and it must also include a hearing date. A sample Procedural Order is available on the Board’s website: www.arb.gov.on.ca.
- This matter is adjourned to a further pre-hearing event by telephone conference, which will be held at 11:00 a.m., on January 18, 2016.
Hearing Number: 603129
For a Telephone Conference Call, no earlier than five minutes prior to the indicated start time participants to the call must dial one of the following numbers:
From within Toronto: 416-212-8012
From outside of Toronto: 1-866-633-0848
After the conference greeting enter the code: 5765474#
You will be connected to the call with all other participants. 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: Rule 15 of the Board’s Rules of Practice and Procedure whereby the Board will, if one or more parties have not yet appeared, not proceed with a telephone conference call for at least 10 minutes after the time given for commencement of the event.
In cases of non-attendance by a party, without reasonable excuse, the Board may proceed to determine the matter or, where it deems appropriate, take steps to dismiss.
The purpose of the next event is: To adopt a Procedural Order, inclusive of a hearing date.
“Bernard Cowan”
BERNARD COWAN MEMBER
COPIES TO: Parties who appeared AND TO: Case Coordinator, Lola Bernstein MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca City of London, bshimla@london.ca
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