Assessment Review Board / Commission de révision de l’évaluation foncière
ISSUE DATE: November 26, 2018
Assessed Person(s): Michael Gerard; Angela Ferrante
Appellant(s): Michael Gerard; Angela Ferrante
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 09
Respondent(s): City of Toronto
Property Location(s): 10 Dunbar Road
Municipality(ies): City of Toronto
Roll Number(s): 1904-101-570-01800-0000
Appeal Number(s): 3236474 and 3297055 (deemed 2018 appeal)
Taxation Year(s): 2017 and 2018 (deemed appeal)
Hearing Event No. 696580
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: April 03, 2018 in Toronto, Ontario
APPEARANCES:
| Parties | Representative |
|---|---|
| Michael Gerard | Self-represented |
| MPAC | Adriana Kim |
| City of Toronto | No one appeared |
DECISION OF THE BOARD DELIVERED BY DAN WEAGANT
INTRODUCTION
1Michael Gerard (the “Appellant”) appealed the 2017 assessment of the subject property at 10 Dunbar Road because he believed the value returned by MPAC was too high. The Appellant also believed the assessment of the subject property should be in the range of $2,100,000 to $2,200,000 when compared to the sales and assessments of similar properties in the vicinity.
2MPAC returned a value of $2,624,000 for the subject property. As a result of the Request for Reconsideration process that occurred prior to the appeal being filed, MPAC recommended a value for settlement of $2,362,000 and amended the returned value accordingly. In preparation for the hearing, MPAC determined an estimate of current value, based on the sales of comparable properties, and arrived at an opinion of current value of $2,500,000 to support the amended value.
3The Assessment Review Board (the “Board”) must decide two things in this appeal. Firstly, the Board must determine, based on the evidence at the hearing, the current value of the subject property for the 2017 taxation year.
4Having reference to the assessments of similar lands in the vicinity, the Board must also decide if the current value determined needs to be reduced for the purpose of equitable assessment.
5Section 40.(26) of the Assessment Act, (“Act”) states that the appellant is deemed to have made the same appeal for the subsequent taxation year if the appeal is not finally disposed of before March 31 of the subsequent taxation year. The Board did not dispose of the 2017 appeal before March 31, 2018. For that reason, this decision also applies to the 2018 taxation year.
DECISION
6The Board finds that the current value of the subject property is $2,148,000. The Board also finds that no reduction in the current value is required for the assessment to be equitable with the assessments of similar properties in the vicinity.
7Accordingly, the Board finds that the assessment of the subject property at 10 Dunbar Road is reduced from $2,624,000 to $2,148,000 for the 2017 taxation year and reduced from $2,362,000 to $2,148,000 for the deemed 2018 taxation year, both in the Residential property class.
LEGISLATION
8In making its determination of these appeals, the Board must consider the relevant sections of the Assessment Act R.S.O. 1990, c. A.31 (“Act”).
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.
10Section 19.(1) of the Act states:
19.(1) Assessment based on current value. – The