Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: November 3, 2015
BOARD ORDER NO. 138759
Assessed Person(s): William E. Coutts Co. Ltd.
Appellant(s): Hallmark Canada Ltd.
Respondent(s): City of Toronto
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 9
Property Location(s): 2 Hallcrown Place
Municipality(ies): City of Toronto
Roll Number(s): 1908-111-210-02000-0000
Appeal Number(s): 3074332, 3009683, 2945994
Taxation Year(s): 2013, 2014, 2015
Hearing Event No. 589930
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended;
Heard: October 5, 2015
APPEARANCES:
Parties
Counsel+/Representative
For the Assessed Person(s)/Appellant(s)
No one appeared
MPAC
Damien Bernacik
City of Toronto
No one appeared
These matters having come before the Assessment Review Board at a Telephone Conference Call in October 5, 2015 at 11:00 a.m.
[1]. The Board finds the assessed person(s)/appellant(s) to be in default of a previous Board Order N˚: 553875.
[2]. No one appeared for the assessed person(s)/appellants(s).
[3]. These appeals were represented by Ducharme McMillen & Associates, but are no longer has represented. No one appeared for the Assessed.
The Board orders:
[4]. The assessed person(s)/appellant(s) or appellant(s) shall serve a Statement of Issues by no later than: December 31, 2015 on the Municipal Property Assessment Corporation (“MPAC”), and the Municipality.
[5]. The 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: January 8, 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
[6]. The assessed person(s)/appellant(s) or appellant(s) are given notice that if the Board does not receive proof 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) complies with this Board Order:
[7]. MPAC shall serve a Statement of Response on the assessed person(s)/appellant(s) and the Municipality by no later than: March 31, 2016.
[8]. 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: March 31, 2016.
[9]. The Respondent(s) shall file proof of service of the Statement of Response with the Board directed as follows no later than: April 8, 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
[10]. The Respondent(s)s are given notice that if the Board does not receive proof of service of the Statement of Response by said date, the result may be the non-compliant party not being allowed to introduce evidence at the hearing event for these matters. That party shall nevertheless be obligated to provide disclosure information as required by the Board’s Rules of Practice and Procedure.
Each Statement of Issues and Statement of Response shall comply with the Board’s Rules of Practice & Procedure.
[11]. An inspection of the property is required before one or more parties can comply with this order so therefore an inspection of the property(ies) is to be completed by no later than: January 29, 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.
[12]. This matter is adjourned to a further telephone conference call prehearing which will be held:
Date: April 20, 2016 Start Time: 11:00a.m.
Hearing No: 608946
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.
[13]. The purpose of the next event is:
Determine status & set to a hearing. Set any required procedural dates required to take matters to hearing.
“Sandra Driesel”
SANDRA DRIESEL 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 City of Toronto, Sara Baxter Assessed Persons Appellant, Hallmark Canada Ltd. 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