Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF INTENT TO DISMISS
ISSUE DATE: September 24, 2015
BOARD ORDER NO. 138259
Assessed Person(s): Please refer to schedule A attached
Appellant(s): Please refer to schedule A attached
Respondent(s): City of Toronto
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 9
Property Location(s): Please refer to schedule A attached
Municipality(ies): City of Toronto
Roll Number(s): Please refer to schedule A attached
Appeal Number(s): Please refer to schedule A attached
Taxation Year(s): Please refer to schedule A attached
Hearing Event No. 598172
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended;
ARB Case Name: BO 138259
Heard: September 11, 2015
APPEARANCES:
Parties Counsel+/Representative
Assessed Persons/Appellants Burke Borowets & Chaney Morkhill Colliers Realty Tax Legal Services
MPAC Carl Davis, Conway Davis Gryski
City of Toronto No one appeared
These matters came before the Assessment Review Board at a Pre-hearing Telephone Conference Call on September 11, 2015 at 1:00 p.m.
The Board finds the assessed person(s)/appellant(s) to be in default of an order of the Board delivered at a previous event No: 598144 by failing to serve an Amended Statement of Issues as required.
The Board orders:
The assessed person(s)/appellant(s) shall serve their Amended Statement of Issues no later than: October 16, 2015 on the Municipal Property Assessment Corporation (“MPAC”), and the Municipality.
The assessed person(s)/appellants(s) shall file proof of service of their Amended Statement of Issues with the Board directed as follows no later than October 15, 2015.
Submit by MAIL:
Submit by FAX:
Submit by E-MAIL:
Assessment Review Board Attn: Registrar 655 Bay Street, Suite 1500 Toronto ON M5G 1E5
Attn: Registrar 416-314-3717
- The assessed person(s)/appellant(s) or appellant(s) are given notice that if the Board does not receive proof of service of the Amended Statement of Issues by said date, the Board will dismiss the appeal(s) in accordance with section 8.2 of the Assessment Review Board Act, R.S.O. 1990, c. A 32, without further notice to the parties.
In the event that the assessed person(s)/appellant(s) complies with this Board Order, the Board further Orders, on consent of the parties, that:
MPAC shall serve an Amended Statement of Response on the assessed person(s)/appellant(s) and the Municipality no later than November 16, 2015.
If the City of Toronto intends to take part in the proceedings they shall serve an Amended Statement of Response on the assessed person(s)/appellant(s) and MPAC no later than November 16, 2015.
The parties shall serve their Productions no later than January 28, 2016.
Examination for discovery shall be completed no later than February 26, 2016.
This matter is adjourned to a peremptory Full Hearing which will be held on April 5, 2016 at a start time of 9:30 a.m., at 655 Bay Street 12th Floor Room 3, in the City of Toronto, Hearing No. 603445.
Further Notice will be given.
“J.L. Walker”
J.L. WALKER
MEMBER
COPIES TO: Parties who appeared/ and or participated
AND TO: MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca Case Coordinator, Arifa Kanani City of Toronto, Sara Baxter
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