Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: July 10, 2020
Assessed Person(s): 743031 Ontario Limited
Appellant(s): 743031 Ontario Limited
Respondent(s): Municipal Property Assessment Corporation Region 03
Respondent(s): City of Ottawa
Respondent(s): Other Property Owner/Tenant - See Attachment 1
Property Location(s): 216 Metcalfe Street
Municipality(ies): City of Ottawa
Roll Number(s): 0614-041-901-23300-0000
Appeal Number(s): 3217717, 3290263, 3347347 and 3412753
Taxation Year(s): 2017, 2018, 2019 and 2020
Hearing Event No.: 731168
Legislative Authority: Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31
| Parties | Representative |
|---|---|
| 743031 Ontario Limited | Scott Johnson |
| Municipal Property Assessment Corporation | Mohammad El Dali |
| City of Ottawa | Krista O’Brien |
REQUEST FOR: An Order for Disclosure
HEARD: June 8, 2020 in writing
ADJUDICATOR(S): Dirk VanderBent, Vice-Chair
ORDER
REASONS
Background
1743031 Ontario Limited (the “Requesting Party”), requests that the Board issue an order that the Municipal Property Assessment Corporation (“MPAC”) disclose documents with respect to a property that is not under appeal in this appeal proceeding (“Other Property”), 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”). This Other Property is listed in Attachment 1 to this Order. The requested documents are listed in Attachment 2 to this Order (“Requested Documents”).
2Notice was served on the owner/tenant of the Other Property (“Other Property Owner”) with respect to disclosure of information relating to her property. The Other Property Owner was given notice that she 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.
3In response to the notice, the Other Property Owner indicated that she did not consent to the requested disclosure. Consequently, the Board scheduled a written Motion to adjudicate the disclosure request, directing that the Other Property Owner be added as a respondent to the Motion, and that this Owner serve and file her response on or before May 19, 2020.
4The Other Property Owner did not file a response to this Motion. Neither MPAC nor any other party to this appeal proceeding opposes the request. Consequently, the Appellant’s motion is unopposed. On this basis, the Board grants the Appellant’s request as set out in this Order.
ORDER
5Subject 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
Website: www.arb.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
Attachment 1 - List of Other Properties
| Municipal Address | Assessment Roll No. | Owner/Tenant | |
|---|---|---|---|
| 1. | 320 Maclaren St | 0614-042-001-28000 | Carol Wang |
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