Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: December 30, 2015
BOARD ORDER NO. 139659
Assessed Person(s): Samuel Springer & Sons Properties Ltd./Kingston Terminal Properties Ltd.
Appellant(s): Samuel Springer & Sons Properties Ltd./Kingston Terminal Properties Ltd.
Respondent(s): City of Kingston
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 5
Property Location(s): See Schedule A attached
Municipality(ies): See Schedule A attached
Roll Number(s): See Schedule A attached
Appeal Number(s): See Schedule A attached
Taxation Year(s): 2013, 2014, 2015
Hearing Event No. 613640
Legislative Authority: Section(s) 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: November 26, 2015
APPEARANCES:
Parties
Counsel+/Representative
Samuel Springer & Sons Properties Ltd.
Peter Radley+
MPAC
Brian Leggett Rebecca Butcher
City of Kingston
Debbie Brennan Maureen Petersen
ORDER OF THE ASSESSMENT REVIEW BOARD
These matters were before the Assessment Review Board at a Pre-hearing Hearing Telephone Conference Call (Scheduled Start time of 9:30 a.m.)
This is the second adjournment of these appeals. The parties advised the Board that settlement discussions have reached an impasse however they are not prepared for a full hearing at this time. The Board will schedule a two day hearing during the week of September 12-16, 2016, which is peremptory.
The Board orders:
The assessed person(s)/appellant(s) shall serve a Statement of Issues by no later than February 16, 2016 on the Municipal Property Assessment Corporation (“MPAC”), and the Municipality.
MPAC shall serve a Statement of Response on the assessed person(s) /appellant(s) and the Municipality by no later than April 8, 2016.
If the Municipality or other Respondent(s) intend to take part in the proceedings they shall serve a Statement of Response on the assessed person(s)/appellant(s) and MPAC by no later than April 8, 2016.
Each Statement of Issues and Statement of Response shall comply with the Board’s Rules of Practice & Procedure.
An inspection of the properties is required before one or more parties can comply with this order, to be completed by no later than December 15, 2015.
If the parties require additional procedural dates a draft Procedural Order shall be filed with the Board by no later than April 22, 2016. The parties agree that the hearing will take place during the week of September 12-16 2016.
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 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 telephone conference call prehearing which will be held:
Date: April 29, 2016 Start Time: 1:00 p.m.
Hearing No: 614134
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 5765474#
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 not proceed with a telephone conference call or a video 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 determine the status of the appeals, to review the proposed procedural Order and to set further dates as required.
“Joanne Laws”
JOANNE LAWS
MEMBER
COPIES TO: Parties who appeared/ and or participated
AND TO: MPAC, Attn: Manager of Case Management
Case Coordinator, Miguel Aguiar
Attachment(s): Schedule A
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