Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF INTENT TO DISMISS
ISSUE DATE: December 21, 2015
BOARD ORDER NO. 139509
Assessed Person(s): 1049551 Ontario Limited
Appellant(s): 1049551 Ontario Limited – Mario Pavone
Respondent(s): City of St. Catharines
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 18
Property Location(s): 260 Grantham Avenue
Municipality(ies): City of St. Catharines
Roll Number(s): 2629-030-027-01600-000
Region Number(s): 18
Appeal Number(s): 3002309
Taxation Year(s): 2014
Hearing Event No.: 605530
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: 139509
Heard: December 03, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| 1049551 Ontario Limited | No one appeared |
| MPAC | Tom Elliott |
| City of St. Catharines | No one appeared |
These matters having come before the Assessment Review Board at a Prehearing Telephone Conference Call (with a scheduled start time of 2:00 pm):
Background:
1These matters have come before the Board twice before but were adjourned due to an error in the tax year of the appeal. Originally recorded as January 2012 and adjourned from an October 2014 in person hearing (No. 571635)
2This matter was rescheduled to a hearing on September 2015 (No. 597844) with a further incorrect tax year of January 2013.
3MPAC discovered this second error prior to the event and reported it to the Board with a request for this appeal to be moved into the standard stream.
4Today’s event is the first time this matter has been set to a prehearing (with a correct tax year of 2014).
5No one appeared for the Appellant/Assessed party.
The Board orders:
6The assessed person(s)/appellant(s) or appellant(s) shall serve a Statement of Issues by no later than: February 29, 2016 on the Municipal Property Assessment Corporation (“MPAC”), and the Municipality of St. Catharines.
7The assessed person(s)/appellants(s) or appellant(s) shall file proof of service of the Statement of Issues with the Board directed as follows no later than: March 4, 2016.
Submit by MAIL: Assessment Review Board Attn: Registrar 655 Bay Street, Suite 1500 Toronto ON M5G 1E5
Submit by FAX: Attn: Registrar 416-314-3717
Submit by E-MAIL: arb.registrar@ontario.ca
The assessed persons/appellants are given notice that if the Board does not receive notice of service of the Statement of Issues by said date, the Board will dismiss the appeals in accordance with section 8.2 of the Assessment Review Board Act, without further notice to the parties.
In the event that the assessed person(s)/appellant(s); or appellant(s) complies with this Board Order:
8MPAC shall serve a Statement of Response on the assessed person(s)/appellant(s) and the Municipality(ies) by no later than: April 29, 2016.
9If the Municipality(ies) 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 29, 2016.
- This matter is adjourned to a further telephone conference call prehearing which will be held:
Date: May 27, 2016 Start Time: 10:00 am
Hearing No: 617437
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: 416-212-8012
From outside of Toronto: 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 if one or more parties have not yet appeared, 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:
- Determine the status and set the matter to hearing.
Member is not seized for next event.
Further notice will be given
“S. Driesel”
S. DRIESEL
MEMBER
COPIES TO: Parties who appeared/ and or participated The assessed person(s)/appellant(s) or appellant(s)
AND TO: MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca Case Coordinator, Sandra Bennett City of St. Catharines, taxes@st.catharines.ca 1049551 Ontario Limited, MARIO_PAVONE@HOTMAIL.COM 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