Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: December 24, 2015 FILE NO.: WR 137436
Assessed Person(s): Argentina Angela Scaffidi and Rosario Angello Appellant(s): Argentina Angela Scaffidi and Rosario Angello Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 03 Respondent(s): City of Ottawa
Property Location(s): 5 Beaver Ridge Municipality(ies): City of Ottawa Roll Number(s): 0614-120-380-16200-0000 Appeal Number(s): 3096327 Taxation Year(s): 2015 Hearing Event No. 597738
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: November 30, 2015 in Ottawa, Ontario
APPEARANCES:
| Parties | Representative |
|---|---|
| Argentina Angela Scaffidi and Rosario Angello | Argentina Angela Scaffidi |
| MPAC | Katherine Kennedy-Boisvert |
| City of Ottawa | No one appeared |
DECISION OF THE BOARD DELIVERED BY DONALD WHITEHURST
INTRODUCTION
1The subject property ("SP") is described by MPAC as a 2,092 square foot single family home built in 1965 and situated on a 0.17 acre lot. The appellant purchased the SP in July of 2014 for $453,625 but in 2015 renovations were made in the kitchen and two bathrooms. MPAC returned the assessment at $556,000 for the 2015 taxation year using the sales comparison approach to value. MPAC now recommends that the returned assessment be reduced to $498,000 based on an equity adjustment, estimated costs to repair the basement and a change in MPAC's records to document a mistake in the height of the basement.
2Angela Scaffidi, the appellant, appeared on her own behalf. She stated that because the property was purchased in 2014 for $453,625, she believes that the current value of the SP is worth that amount or lower.
ISSUE
3The Assessment Review Board (“Board”) has to determine the SP's current value for the 2015 taxation year and have reference to the value at which similar lands in the vicinity are assessed. The Board must then adjust the SP's current value assessment if it finds that it is not equitable with that of similar lands. An adjustment can only be done if such an adjustment would result in the reduction of the assessment of the SP.
DECISION
4The Board finds that the SP's current value is $475,000. Consequently, the SP's returned assessment is reduced from $556,000 to $475,000 for the 2015 taxation year. The Board also finds that the SP's current value assessment does not need to be reduced to make it equitable with the assessment of similar lands in the vicinity.
REASONS FOR DECISION
The Legislation
5Section 1 of the Assessment Act (“Act”) defines current value as follows:
“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.
6Section 19.(1) of the Act states:
19.(1) Assessment based on current value. – The assessment of land shall be based on its current value.
7Section 19.2(1) of the Act states:
Valuation days
19.2 (1) 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