Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: February 06, 2020
Assessed Person(s): 310171 Ontario Limited
Appellant(s): 310171 Ontario Limited, c/o United Properties Ottawa
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 03
Respondent(s): City of Ottawa
Property Location(s): 88 Somerset Street West
Municipality(ies): City of Ottawa
Roll Number(s): 0614-042-001-01600-0000
Appeal Number(s): 3249351, 3289609 and 3347335
Taxation Year(s): 2017, 2018 and 2019
Hearing Event No.: 729585
Legislative Authority: Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Request for: An Order for Disclosure
Heard: February 05, 2020 by written submission
| Parties | Representative |
|---|---|
| 310171 Ontario Limited | Steven Charlebois-Page |
| MPAC | Mohammad El Dali |
| City of Ottawa | Krista O’Brien |
ORDER OF THE BOARD DELIVERED BY DIRK VANDERBENT
REASONS
Background
1310171 Ontario Limited (the “Requesting Party”), requests that the Board issue an order that MPAC disclose documents with respect to properties not under appeal in this appeal proceeding (“Other Properties”), pursuant to Rule 45 of the Board’s Rules of Practice and Procedure) and s. 53(5) of the Assessment Act, R.S.O. 1990, c A.31 (“Act”). These Other Properties are listed in Attachment 1 to this Order. The requested documents are listed in Attachment 2 to this Order (“Requested Documents”).
2Notice was served on each of the owners/tenants of the Other Properties (“Other Property Owners”) with respect to disclosure of information relating to their property(ies). The Other Property Owners were given notice that they must notify the Requesting Party in writing within 14 days of service of the notice of any objection, failing which, the Board would decide the request.
3The Requesting Party has satisfied the Board that notice has been served on the Other Property Owners and that none of them object to MPAC's production of the Requested Documents.
4Neither MPAC nor any other party to this appeal proceeding opposes the request.
5On consent of all parties, the Board grants the request as set out in the Order.
ORDER
6Subject to the terms imposed by MPAC pursuant to its authority under s. 53(5) of the Act, MPAC is required to disclose the Requested Documents to the parties in this appeal proceeding.
“Dirk VanderBent”
DIRK VANDERBENT VICE-CHAIR Assessment Review Board A constituent tribunal of Tribunals Ontario - Environment and Land Division Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
Attachment 1 – List of Other Properties
| Municipal Address | Assessment Roll No. (e.g. 1234-567-890-12345-0000) | |
|---|---|---|
| 1. | 270 Somerset St W | 0614-042-001-02500 |
| 2. | 320 Maclaren St | 0614-042-001-28000 |
| 3. | 305 Metcalfe St | 0614-042-101-60500 |
| 4. | 99 Cartier St | 0614-042-101-56500 |
| 5. | 175 Bronson Ave | 0614-063-001-39300 |
| 6. | 163 MacLaren St | 0614-042-001-07400 |
Attachment 2 – List of Requested Documents
- Income and Expense statement and rent rolls for the sold properties MPAC is relying on for their capitalization rate in their Response to the Statement of Issues & Expert Report
- Income and Expense statement and rent rolls for the sold properties the Appellant is relying on for their capitalization rate study.
- Analysis of data as calculated by MPAC to determine potential gross revenue and net operating income