Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: November 13, 2015
BOARD ORDER NO. 138959
Assessed Person(s): AMB Ontario Nomco Inc
Appellant(s): AMB Ontario Nomco Inc
Respondent(s): Town of Milton
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 15
Property Location(s): 2750 Peddie Road
Municipality(ies): Town of Milton
Roll Number(s): 2409-050-002-15500-0000
Appeal Number(s): Please see schedule A attached
Taxation Year(s): 2013, 2014 and 2015
Hearing Event No. 591935
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended;
ARB Case Name: BO 138959
Heard: October 30, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| AMB Ontario Nomco Inc | Chris Jenkins (Colliers Realty Tax Legal Services) |
| MPAC | Damian Bernacik |
| Town of Milton | Steve Radenic |
These matters having come before the Assessment Review Board at a Pre-hearing Hearing/Telephone Conference Call on October 30, 2015 at 11:00a.m.
- The Board finds the assessed person/appellant to be in default of an order of the Board delivered at a previous event No: 564267 and Rule 86 of the Board’s Rules of Practice and Procedure by having failed to serve a Statement of Issues as required.
The Board orders:
The assessed person/appellant shall serve a Statement of Issues by no later than: November 30, 2015 on the other parties.
The assessed person/appellants shall file notice of service of the Statement of Issues with the Board directed as follows no later than: November 30, 2015.
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 person/appellant is 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 appeal(s) 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:
MPAC shall serve a Statement of Response on the other parties by no later than: February 29, 2016.
If the Municipality intends to take part in the proceedings it shall serve a Statement of Response on the other parties by no later than: February 29, 2016.
A draft Procedural Order inclusive of hearing date shall be filed with the Board by no later than: March 28, 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 is mandatory in the Standard Stream and possible in the Direct Hearing Stream. 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 11, 2016 Start Time: 1:00p.m.
Hearing No: 611931
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: 9814805#
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, 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 adopt a Procedural Order, inclusive of a hearing date.
“Bernard Cowan”
BERNARD COWAN MEMBER
COPIES TO: Parties who appeared/ and or participated AND TO: MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca Case Coordinator, Yasmina Ramjaun
Attachment: 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```