Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE:
July 14, 2020
FILE NO.:
DM 165293
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
Respondent(s):
Other Property Owner/Tenant - See Attachment 1
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.:
730670
Legislative Authority:
Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31
APPEARANCES:
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:
May 27, 2020 in writing
ADJUDICATOR(S):
Dirk VanderBent, Vice-Chair
ORDER
REASONS
Background
1150 The Driveway Ltd. (the “Requesting Party”), requests that the Assessment Review Board (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 8, 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
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