Assessment Review Board
Commission de révision de
l’évaluation foncière
PROCEDURAL ORDER
ISSUE DATE:
September 29, 2015
BOARD ORDER NO.
138209
Assessed Person(s):
Rimrock Plaza Inc
Appellant(s):
Rimrock Plaza Inc/ Shoppers Drug Mart
Respondent(s):
City of Toronto
Respondent(s):
Municipal Property Assessment Corporation (“MPAC”)
Region 9
Property Location(s):
1115 Lodestar Road
Municipality(ies):
City of Toronto
Roll Number(s):
1908-033-418-00200-0000
Appeal Number(s):
Please refer to schedule A attached
Taxation Year(s):
2011, 2012, 2013, 2014, 2015
Hearing Event No.
596931
Legislative Authority:
Sections 33 and 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name:
BO 138209
Heard:
September 16, 2015
APPEARANCES:
Parties
Counsel+/Representative
Rimrock Plaza Inc
Melissa Muskat
Shoppers Drug Mart
Kimberly van Vliet
MPAC
F.X. Shea
City of Toronto
No one appeared
pROCEDURAL Order of the Assessment Review Board
This matter/These matters came before the Assessment Review Board at a pre-hearing/Telephone Conference Call event on September 16, 2016.
The parties have already Submitted and exchanged the:
a) GRAD Report and assessment data;
b) Statement of Issues;
c) Statement of Reponse(s);
d) Reply(ies).
The Board orders that:
The hearing will be a 2 day hearing event commencing on January 26, 2016 at a start time of 9:30a.m., in the location of 425 Adelaide Street West 8th Floor, hearing Room 1, in the Municipality of Toronto. Hearing No. 603830. 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.
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.
The appellant(s) and the Municipal Property Assessment Corporation have already exchanged Statement of Issues and Statement of Response. The municipality did not serve a Statement of Response, and therefore 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 are expected to complete the process of discovery and production as necessary no later than: November 30, 2015. Discovery shall not exceed a total of two hours of examination, regardless of the number of parties or other persons to be examined. 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.
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.
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.
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.
The Board member who conducts either the mediation or the settlement conference 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) the experts’ joint report (as above);
(c) a joint brief of documents, each party’s written opening statement (not longer than 10 pages each); and
(d) 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 2 days.
At the hearing, subject to the discretion of the hearing panel:
a) Each party is entitled to make an oral opening statement not exceeding 10 minutes in length;
b) In respect of each witness who has sworn an affidavit, there will be a brief examination in chief not exceeding 60 minutes, followed by cross-examination of similar length by any adverse