Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: July 10, 2015
BOARD ORDER NO: 136709
Assessed Person(s): Skyline Real Estate Holdings
Appellant(s): D D 511-7th Ltd C/O Starlight Investments
Respondent(s): Town of Hanover
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 25
Property Location(s): 511 7th Avenue
Municipality(ies): Town of Hanover
Roll Number(s): 4229- 030-001-05202-0000
Appeal Number(s): 3027925, 2959798
Taxation Year(s): 2014 and 2015
Hearing Event No. 568616
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
ARB Case Name: BO 136709
Heard: May 14, 2015
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| D D 511-7th Ltd C/O Starlight Investments, Skyline Real Estate Holdings. | No one appeared |
| MPAC | Bronwyn Wright |
| Town of Hanover | No one appeared |
ORDER OF THE ASSESSMENT REVIEW BOARD
[1]. These matters having come before the Assessment Review Board at a: Prehearing Telephone Conference Call at 9:00a.m.
[2]. The Board finds the assessed person(s)/appellant(s); or appellant(s) to be in default of Rule 86 of the Board’s Rules of Practice and Procedure by having failed to serve a Statement of Issues as required.
[3]. No one appeared for the assessed person(s)/appellants(s)
The Board orders:
[4]. The assessed person(s)/appellant(s) or appellant(s) shall serve a Statement of Issues by no later than: July 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: August 7, 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(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); or appellant(s) complies with this Board Order:
[6]. MPAC shall serve a Statement of Response on the assessed person(s)/appellant(s) and the Municipality by no later than: October 30, 2015.
[7]. 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: October 30, 2015.
[8]. The Respondent(s) shall file proof of service of the Statement of Response with the Board directed as follows no later than: November 6, 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 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.
[9]. A draft Procedural Order inclusive of hearing date shall be filed with the Board by no later than: November 30, 2015
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.
[10]. This matter is adjourned to a further telephone conference call prehearing which will be held:
Date: December 11, 2015 Start Time: 10:00a.m.
Hearing No: 591531
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 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.
[11]. The purpose of the next event is:
COPIES TO: To all Parties and Representatives
AND TO: Case Coordinator, Lola Bernstein MPAC, Attn: Manager of Case Management arb.registrar@ontario.ca Mail To: Assessed/person(s) and Appellant(s) City of Hanover, B. Tocheri
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