DIR Properties (GP) Inc. v. Municipal Property Assessment Corporation, 2016 CanLII 4415

ORDER OF THE BOARD

ISSUE DATE: January 28, 2016

BOARD ORDER NO. 139959

Assessed Person(s): DIR Properties (GP) Inc.

Appellant(s): DIR Properties (GP) Inc.

Respondent(s): City of Mississauga

Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 15

Property Location(s): 6400 Shawson Drive

Municipality(ies): City of Mississauga

Roll Number(s): 2105-050-116-39120-0000

Appeal Number(s): 3002272, 3086547

Taxation Year(s): 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 139959

Heard: January 8, 2016

APPEARANCES:

Parties	Counsel+/Representative
DIR Properties (GP) Inc.	Chis 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 the assessed person/appellant 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 Issues as required.

The Board orders:

The assessed person/appellant shall serve a Statement of Issues by no later than February 12, 2016 on the Municipal Property Assessment Corporation (“MPAC”), and the Municipality.
The assessed person/appellant shall file notice of service of the Statement of Issues with the Board directed as follows no later than: February 12, 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 person/appellant or 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/appellant complies with this Board Order:

MPAC shall serve a Statement of Response on the other parties by no later than: April 15, 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: April 15, 2016.

Each Statement of Issues and 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: May 27, 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: June 6, 2016 Start Time: 10:00 a.m. Hearing No: 621534

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 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