Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE:
April 17, 2020
FILE NO.:
DM 164592
Assessed Person(s):
150 The Driveway Ltd.
Appellant(s):
150 The Driveway Ltd.
Respondent(s):
Municipal Property Assessment Corporation Region 03
Respondent(s):
City of Ottawa
Property Location(s):
150 Queen Elizabeth Drive
Municipality(ies):
City of Ottawa
Roll Number(s):
0614-042-201-37900-0000
Appeal Number(s):
3217714, 3291970, 3345467, and 3396558
Taxation Year(s):
2017, 2018, 2019, and 2020
Hearing Event No.:
730667
Legislative Authority:
Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31
Parties
Representative
150 The Driveway Ltd.
Steven Charlebois Page
Municipal Property Assessment Corporation
Mohammad El Dali
City of Ottawa
Krista O’Brien
REQUEST FOR:
An Order for Disclosure
HEARD:
April 9, 2020 in writing
ADJUDICATOR(S):
Dirk VanderBent, Vice-Chair
ORDER
REASONS
Background
1150 The Driveway Ltd. (the “Requesting Party”), requests that the Board issue an order that the Municipal Property Assessment Corporation (“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)
270 Somerset St W
0614-042-001-02500
305 Metcalfe St
0614-042-101-60500
99 Cartier St
0614-042-101-56500
175 Bronson Ave
0614-063-001-39300
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