Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: December 30, 2015
BOARD ORDER NO. 139610
Assessed Person(s): 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): City of Kingston
Roll Number(s): See Schedule A attached
Appeal Number(s): See Schedule A attached
Taxation Year(s): 2013, 2014 and 2015
Hearing Event No. 613640
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO 139610
Heard: November 26, 2015
APPEARANCES:
Parties
Counsel+/Representative
Kingston Terminal Properties Ltd.
Peter Radley+
MPAC
Brian Leggett Rebecca Butcher
City of Kingston
Debbie Brennan Maureen Petersen
These matters having come before the Assessment Review Board at a Pre-hearing by Telephone Conference call at 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 full hearing during the week of September 12-16, 2016, which is peremptory.
The Board orders:
The assessed persons/appellants shall serve a Statement of Issues by no later than January 29, 2016 on MPAC, and the Municipality.
MPAC shall serve a Statement of Response on the assessed persons/ appellants and the Municipality by no later than March 29, 2016.
If the Municipality or other Respondent intends to take part in the proceedings they shall serve a Statement of Response on the assessed persons/appellants and MPAC by no later than March 29, 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 to be completed by no later than December 15, 2015.
If the parties require additional procedural dates, a procedural Order shall be filed with the Board by no later than April 8, 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 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 and to set forth procedural dates if 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 Javier
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