Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD WITH NOTICE OF INTENT TO RESTRICT EVIDENCE AT A HEARING
ISSUE DATE:
September 24, 2015
BOARD ORDER NO.
138159
Assessed Person(s):
Murlee Holdings Limited
Appellant(s):
Murlee Holdings Limited
Respondent(s):
City of Hamilton
Respondent(s):
Municipal Property Assessment Corporation (“MPAC”) Region 19
Property Location(s):
1599 Stone Church Rd E
Municipality(ies):
City of Hamilton
Roll Number(s):
2518-060-581-01498-0000
Region Number(s)
19
Appeal Number(s):
2967856, 3024522, 3089335
Taxation Year(s):
2013, 2014, 2015
Hearing Event No.
595442
Legislative Authority:
Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name:
BO 138159
Heard:
September 1, 2015
APPEARANCES:
Parties
Counsel^+^/Representative
Murlee Holdings Limited
Jay Cohen
MPAC
Damian Bernacik
City of Hamilton
David Janaszek
The Board finds MPAC to be in default of an Order of the Board delivered at a pervious event No. 574951 and the Board’s Rules of Practice and Procedure by having failed to serve a Response to the Statement of Issues that had been served on February 6, 2015, as required.
Hamilton did not serve a Statement of Response on the other parties, as it has indicated that it is not participating in the prehearing process, other than to monitor the proceedings.
The Board orders:
MPAC shall serve a Statement of Response on the other parties by no later than November 16, 2015.
MPAC shall file notice of service of the Statement of Response with the Board directed as follows no later than November 16, 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
- MPAC is given notice that if the Board does not receive notice of service of the Statement of Response by said date; it shall not be allowed to introduce evidence at the hearing event for these matters without the consent of the other participating parties and leave of presiding Member(s). MPAC shall nevertheless be obligated to provide disclosure information as required by the Board’s Rules of Practice and Procedure.
The 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. 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 prehearing/Telephone conference call which will be held on January 5, 2016 at 10:00a.m. Hearing No. 604031
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:
From outside of Toronto:
416-212-8012
1-866-633-0848
After the conference greeting enter the code: 8861054#
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,
l 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 peremptory hearing date.
“Bernard Cowan”
BERNARD COWAN
COPIES TO: Parties who appeared MEMBER
AND TO: MPAC, Attn: Manager of Case Management
Case Coordinator, Robin Mcbride
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