Brampton Brick Limited v. City of Brampton, 2021 CanLII 30115

Tribunals Ontario

Tribunaux décisionnels Ontario

Assessment Review Board

Commission de révision de l’évaluation foncière

ISSUE DATE: April 9, 2021

FILE NO.: WR 169642

Assessed Person(s): Brampton Brick Limited

Appellant(s): Brampton Brick Limited

Respondent(s): City of Brampton

Property Location(s): 225 Wanless Drive

Municipality(ies): City of Brampton

Roll Number(s): 2110-060-001-08400-0000

Appeal Number(s): 3181756 and 3265870

Taxation Year(s): 2015 and 2016

Hearing Event No.: 736276

Legislative Authority: Section 364 of the Municipal Act, 2001, S.O. 2001, c. 25

APPEARANCES:

Parties

Representative

Brampton Brick Limited

Peter Tam

City of Brampton

Kumar Sapkota

HEARD: December 10, 2020 video conference

ADJUDICATOR(S): Carly Stringer, Member

DECISION

OVERVIEW

1The parties appeared before the Assessment Review Board (“Board”) on December 10, 2020. Brampton Brick Limited (the “Appellant”) brought appeals pursuant to s. 357 and 364 of the Municipal Act 2001, S.O. 2001, c. 25 (“Act”) relating to the 2015 and 2016 taxation year, in relation to its property at 225 Wanless Drive in the City of Brampton (“City”).

2The Board issued an Interim Decision Brampton Brick Limited v Brampton (City), 2021 CanLII 6251 (ON ARB) dated January 28, 2021. The Board dismissed the s. 357 appeal, but ordered portions of the Subject Property were eligible for a vacant unit rebate in accordance with s. 364 of the Act for the 2015 and 2016 taxation years.

3The parties did not address the quantum of the rebate at the hearing, and there was no evidence before the Board on that issue. Accordingly, the Board ordered the parties to confer regarding the amount of an appropriate rebate. If the parties could agree, the Board would issue a final Decision confirming the amount. If the parties could not agree, the Board would convene a hearing in writing on the issue of quantum.

4The Board has been advised that the parties have come to an agreement respecting the quantum of an appropriate rebate, and accordingly no further hearing is required.

5The Board determines that $11,385.26 should be refunded in relation to the 2015 taxation year, and $8,317.35 should be refunded in relation to the 2016 taxation year.

ORDER

6The Board orders that the City shall rebate the Appellant the sum of $11,385.26 for the 2015 taxation year and $8,317.35 for the 2016 taxation year. This sum shall be paid within 120 days from the date this Decision is issued.