Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: December 19, 2016
Assessed Person(s): Russell Joseph Gee and Kathryn Elizabeth Gee
Appellant(s): Russell Gee
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 16
Respondent(s): Township of Clearview
Property Location(s): 1945 Concession 10 Notta South 12
Municipality(ies): Township of Clearview
Roll Number(s): 4329-010-010-18312-0000
Appeal Number(s): 3161556 and 3201155 (deemed 2016 appeal)
Taxation Year(s): 2015 and 2016 (deemed appeal)
Hearing Event No.: 640766
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: October 19, 2016 in Clearview, Ontario
APPEARANCES:
| Parties | Counsel+/Representative |
|---|---|
| Russell Joseph Gee | Self-represented |
| MPAC | Patricia Thompson |
| Township of Clearview | No one appeared |
DECISION OF THE BOARD DELIVERED BY MARILYN SHARMA
INTRODUCTION
1The subject property is a residential Townhouse Condominium located at 1945 Unit 12, Concession 10 in Township of Clearview.
2The subject property is situated in Devil’s Glen Country Club and is located at the top of the ski hill.
3The condominium was constructed in 1987.
4The total building area of the subject property condominium unit is 1,358 square feet (“sq. ft.”).
5The subject property has a finished basement area of 368 sq. ft.
6The assessment of the subject property for the taxation years 2013 through 2016 is $369,000.
7The Russell Joseph Gee (“Appellant”) argues that MPAC has over-assessed his property and believes that the assessment is excessive in relation to similar properties in the neighbourhood.
ISSUE
8The issue before the Assessment Review Board (“Board”) is to determine whether the subject property has been incorrectly assessed.
DECISION
9The Board finds that the current value of the subject property for the 2015 taxation year is $498,000 (rounded).
10The Board finds no adjustment is required for equity purposes under s. 44.(3)(b) of the Assessment Act, R.S.O 1990, c. A.31, as amended (“Act”).
11Accordingly, the Board finds that the assessment of the subject property is $375,000 (rounded) for the 2015 taxation year.
12The current value established is higher than the assessment determined by MPAC. No party has given notice for an increase in the assessment. The Board confirms the assessment of the subject property in the amount of $369,000 for the 2015 taxation year.
REASONS FOR DECISION
The Legislation
13For the 2015 taxation year, in determining the value at which land shall be assessed, the Board must have regard to the following provisions of the Act:
14Section 1 of the Act defines “current value” as:
“current value” means, in relation to land, the amount of money the fee simple, if unencumbered, would realize if sold at arm’s length by a willing seller to a willing buyer.
15Section 19.(1) of the Act states:
19.(1) Assessment based on current value. – The assessment of land shall be based on its current value.
16Section 19.2(1)3 of the Act states:
19.2 (1) Valuation days