Assessment Review Board
Commission de révision de l’évaluation foncière
ORDER OF THE BOARD
ISSUE DATE: January 28, 2016
BOARD ORDER NO. 139909
Assessed Person(s): 2142314 Ontario Ltd
Appellant(s): Gurjit S. Grewal
Respondent(s): City of Mississauga
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 15
Property Location(s): 1400 Aimco Boulevard
Municipality(ies): City of Mississauga
Roll Number(s): 2105-050-116-17100-0000
Appeal Number(s): 2952013, 3031827 and 3087310
Taxation Year(s): 2013, 2014 and 2015
Hearing Event No. 612433
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended;
ARB Case Name: BO 139909
Heard: January 8, 2016
APPEARANCES:
Parties Counsel+/Representative
Assessed Person/ Appellant Chris Jenkins (Colliers Realty Tax Legal Services)
MPAC Damian Bernacik
City of Mississauga Sean Doyle
These matters having come before the Assessment Review Board at a Pre-hearing Hearing/Telephone Conference Call on January 8, 2016 at 11:00a.m.
- The Board finds MPAC to be in default of an order of the Board delivered at a previous event No: 581344 and Rule 86 of the Board’s Rules of Practice and Procedure by having failed to serve a Statement of Response to the Statement of Issues, as required.
The Board orders:
MPAC has agreed to and shall serve a Statement of Response on the assessed person and appellant and the Municipality by no later than: January 29, 2016.
If the Municipality intends to take part in the proceedings they shall serve a Statement of Response on the other parties by no later than: January 29, 2016.
The Respondent(s) shall file notice of service of the Statement of Response with the Board directed as follows no later than: January 29, 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 Respondent is given notice that if the Board does not receive notice of service of the Statement of Response by said date, the result shall 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. This notice is pursuant to section 8.2 of the Assessment Review Board Act.
Each Statement of Response shall comply with the Board’s Rules of Practice & Procedure.
- A draft Procedural Order inclusive of hearing date shall be filed with the Board by no later than: March 7, 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: March 14th 2016 Start Time: 1:00p.m.
Hearing No: 621532
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,
will not proceed with an in-person hearing event for at least 30 minutes after the time given for commencement of the event.
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 adopt a Procedural Order, inclusive of a peremptory 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, Mona El-Alaily 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