Assessment Review Board / Commission de révision de l’évaluation foncière
ISSUE DATE: November 17, 2015
Assessed Person(s): Irka Jane Huzyk and John Kenneth Graham Rogers Communication Inc. (New Owners)
Appellant(s): Town of Caledon
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 15
Respondent(s): Rogers Communication Inc.
Property Location(s): 12532 Highway 50
Municipality(ies): Town of Caledon
Roll Number(s): 2124-010-003-09000-0000
Appeal Number(s): 3094008
Taxation Year(s): 2015
Hearing Event No. 606431
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: October 29, 2015 in Caledon, Ontario
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| Rogers Communication Inc. | Robert Ford-King |
| MPAC | William Cottingham Filipp Iannone |
| Town of Caledon | Victoria Gowans |
DECISION OF THE BOARD DELIVERED BY JENNIFER GRIFFITH
INTRODUCTION
1The appeal before the Assessment Review Board (“Board”) is filed by the Town of Caledon in respect to the returned assessment of $419,000 for 2015 taxation year for the subject properties in the Town of Caledon.
ISSUE
2William Cottingham, representative for MPAC is of the view that the returned assessment of $419,000 in the Residential Tax Class for the subject property is not fair and equitable. MPAC takes the position that a fair and equitable returned assessment should be $1,417,590 for the 2015 taxation year, based on the sales of similar land in the vicinity. Upon further review of all of the evidence by the parties, Mr. Cottingham recommended that a fair and equitable value for the subject property is of $1,299,000.
3MPAC also testified that the property tax class should be changed from Residential Tax Class to Commercial Vacant Land Tax class, an issue that is supported by all parties.
4Victoria Gowans, representative for the Town of Caledon who filed this appeal, takes the position that the returned assessment of $419,000 in the Residential Tax Class for the 2015 taxation year for the subject property is too low. Based on the sale price of $1,870,000 for the subject property in November 2014, Ms. Gowans is of the view that a fair and equitable assessed value should be $1,478,000 for the 2015 taxation year. However, Ms. Gowans concurs with MPAC for the reason stated above and supports the recommended value of $1,299,000 for the subject property for the 2015 taxation year.
5On the issue of changing the property tax class from Residential Tax Class to Commercial Vacant Land Tax class, Ms. Gowans is in full agreement.
6Robert Ford-King, representative for Rogers Communication Inc. (the new owners) also agrees that the returned assessment of $419,000 for the 2015 taxation year for the subject property is not fair and equitable. Based on the sale of the subject property and as compared to similar land in the vicinity, Mr. Ford-King is of the view that a fair and equitable assessed value should be $431,440 for the 2015 taxation year. Mr. Ford-King is also in agreement that the property tax class should be changed from Residential Tax Class to Commercial Vacant Land Tax class.
7The Town of Caledon is represented by Victoria Gowans as stated above.
8The Board has to decide:
Whether the returned assessment of $419,000 for the 2015 taxation year for the subject property is at current value as at the valuation date January 1, 2012; and
Whether the value is equitable with the assessments of similar lands in the vicinity.
DECISION
9The Board determines the current value to be $1,299,000 as of the valuation date of January 1, 2012.
10The Board finds that the evidence does not support the conclusion that an equity adjustment is required under s. 44.(3)(b) of the [Assessment Act](https://www.canlii.org/en/on/