Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: November 3, 2015
Assessed Person(s): Marshall Paul Dumontier and Elizabeth Anne Dumontier
Appellant(s): Marshall Dumontier
Respondent(s): Municipal Property Assessment Corporation (“MPAC”), Region 32
Respondent(s): Municipality of Red Lake
Property Location(s): 26 Gustafson Crescent
Municipality(ies): Municipality of Red Lake
Roll Number(s): 6041-410-002-17600-0000
Appeal Number(s): 3046650 and 3093799
Taxation Year(s): 2014 and 2015
Hearing Event No. 597955
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: September 22, 2015 in Balmertown, Ontario
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| Marshall Dumontier | Noel Dumontier |
| MPAC | Carlene Steiner |
| Municipality of Red Lake | No one appeared |
DECISION OF THE BOARD DELIVERED BY TYRONE D. SKANES
INTRODUCTION
1The subject property ("SP") is a 3,378 square foot ("sq. ft.") two-storey modular home that is situated on an effective site of 1.25 acres. There is an attached garage.
2Carlene Steiner appeared on behalf of MPAC and stated that the sales comparison approach was used to determine the current value assessment of the SP. She stated that she believed the returned assessment of $412,000 was fair and reasonable and asked the Assessment Review Board ("Board") to confirm the assessment at that value for the 2014 and 2015 taxation years.
3Noel Dumontier appeared on behalf of the Appellant. He said that the assessment was neither fair or reasonable and asked that it be reduced to $275,645.
ISSUE
4The issue before the Board for determination is whether the assessment of the SP for the 2014 and 2015 taxation years is at current value and whether the current value is equitable with the assessment of similar lands in the vicinity.
DECISION
5The Board finds that the current value of the SP as of January 1, 2012, is $376,000 and that value is equitable with the assessments of similar lands in the vicinity. Therefore, the assessment of the SP is reduced to $376,000 from $412,000 for the 2014 and 2015 taxation years.
REASONS FOR DECISION
Relevant Legislation
6Section 19.(1) of the Assessment Act (“Act”) states:
19.(1) Assessment based on current value. – The assessment of land shall be based on its current value.
“current value” means, in relation to land, the amount of money the fee simple, if unencumbered, would realize if sold at arm’s length by a willing seller to a willing buyer.
8Section 19.2(1)3 of the Act states:
19.2(1) Valuation days – Subject to subsection (5), the day as of which land is valued for a taxation year is determined as follows:
For the 2006, 2007 and 2008 taxation years, land is valued as of January 1, 2005.
For the period consisting of the four taxation years from 2009 to 2012, land is valued as of January 1, 2008.
For each subsequent period consisting of four consecutive taxation years, land is valued as of January 1 of the year preceding the first of those four taxation years.
9Section 44.(3) of the Act states:
44.(3) Same, 2009 and subsequent years. – For 20