Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: October 15, 2015
BOARD ORDER NO. 138559
Assessed Person(s): 2121175 Ontario Inc and Earlglen Investments Inc
Appellant(s): 2121175 Ontario Inc
Respondent(s): City of Richmond Hill
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 14
Property Location(s): 921 19th Avenue
Municipality(ies): Town of Richmond Hill
Roll Number(s): 1938-050-056-60000-0000
Appeal Number(s): 2993078, 3020176, 3082339
Taxation Year(s): 2013, 2014, 2015
Hearing Event No. 590331
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended;
ARB Case Name: BO 138559
Heard: September 30, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| 2121175 Ontario Inc | Beverly Foster |
| MPAC | Terry Kroi |
| Town of Richmond Hill | No one appeared |
ORDER OF THE ASSESSMENT REVIEW BOARD
These matters have come before the Assessment Review Board at a Pre-hearing Hearing/Telephone Conference Call event on September 30, 2015.
1As requested by the appearing parties the Board finds appellant to be in default of the Board’s Rules by having failed to provide necessary particulars to MPAC, inhibiting its ability to serve its Response to the Statement of Issues.
2One particular was satisfied during the teleconference when the appellant assured MPAC and the Board that the original lease of the farm commencing in 2008 that is already in MPAC is possession is the only lease for the property and remains in effect.
The Board orders:
3The appellant shall serve an affidavit from the farmer indicating the details requested by MPAC on the other parties, inclusive of crops and acreage farmed, no later than December 31, 2015.
4The appellant shall file notice of service of the affidavit with the Board directed as follows no later than: December 31, 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
5The appellant is given notice that if the Board does not receive notice of service of the affidavit by said date, the Board will dismiss the appeal(s) in accordance with section 8.2 of the Assessment Review Board Act without further notice to the parties.
In the event that the appellant complies with this Board Order:
6MPAC shall serve a Statement of Response on the other parties by no later than: 60 days from the date that the ordered affidavit is served.
7If the Municipality intends to take part in the proceedings it shall serve a Statement of Response on the other parties by no later than 60 days from the date that the ordered affidavit is served.
8If the appellant is not the assessed and the assessed intends to take part in the proceedings, it shall serve a Statement of Response on the other parties no later than: 60 days from the date that the ordered affidavit is served.
9The appearing parties agree to proceed directly to a full hearing , and the Board Orders that the last date for service of a Notice of Motion respecting and production or discovery matter shall be November 30, 2015.
10This matter is adjourned to a full one day hearing which will be held:
Date: February 16, 2016 Start Time: 9:30a.m. Location: 225 East Beaver Creek, Committee Room 2 in the Municipality of Richmond Hill. Hearing No: 607551
No further notice will be given.
“Bernard Cowan”
BERNARD COWAN MEMBER
COPIES TO: Parties who appeared/ and or participated AND TO: MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca Kevin Aguiar, Case Coordinator Mailed to: Assessed Persons Town of Richmond Hill, annette.kimelman@richmondhill.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