Assessment Review Board
Commission de révision de l’évaluation foncière ORDER OF THE BOARD
ISSUE DATE: September 30, 2015
BOARD ORDER NO. 138359
Assessed Person(s): Four Seasons Hotel Limited
Appellant(s): Four Seasons Hotel Limited
Respondent(s): City of Toronto
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 9
Property Location(s): 1165 Leslie Street
Municipality(ies): City of Toronto
Roll Number(s): 1908-101-480-01500-0000 1908-101-480-01501-0000
Appeal Number(s): 2945959, 3040767, 3073717
Taxation Year(s): 2013, 2014 and 2015
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO 138359
Parties Counsel+/Representative
Four Seasons Hotel Limited Ian Andres (Goodmans) Mark Blidner (Goodmans)
MPAC Karey Lunau+
City of Toronto Sara Baxter
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 Toronto, 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 to be convened by telephone conference call on November 4, 2015 at 1 pm. (Hearing No. 606734).
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: 8861054#.
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.
Further notice will be provided.
“Marcella Bourassa”
MARCELLA BOURASSA
MEMBER
COPIES TO: To all parties for the Assessed Persons Appellants
AND TO: MPAC, Attn: Manager of Case Management
Team Leader, Sharon Hattori
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