Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE:
April 12, 2022
FILE NO.:
DM 177393
Assessed Person(s):
Stoneridge Travel Centre Inc.
Appellant(s):
Stoneridge Travel Centre Inc.
Respondent(s):
Municipal Property Assessment Corporation Region 23
Respondent(s):
City of London
Property Location(s):
6675 Burtwistle Lane
Municipality(ies):
City of London
Roll Number(s):
3936-080-060-16400-0000
Appeal Number(s):
3455570 and 3484958
Taxation Year(s):
2020 and 2021
Hearing Event No.:
765764
Legislative Authority:
Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Parties
Representative
Stoneridge Travel Centre Inc.
Jonas Perov
Municipal Property Assessment Corporation
Submission not received
City of London
Submission not received
REQUEST FOR:
An Order for Disclosure
HEARD:
March 21, 2022 in writing
ADJUDICATOR:
Dirk VanderBent, Vice-Chair
ORDER
REASONS
Background
1Stoneridge Travel Centre Inc., (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 (the “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 only one of them objected to MPAC's production of the Requested Documents.
4Neither MPAC nor any other party to this appeal proceeding opposes the request.
RESULT
5The Board grants the request as set out in the Order.
ANALYSIS AND FINDINGS
6The Other Property Owner of 2230 Dundas St. London opposes the request. The Board directed that the Other Property Owner be provided an opportunity to submit a response to the request for the Board’s consideration. The Other Property Owner’s representative has done so, stating:
The address below requesting the information is Best Western Stoneridge Hotel located in London approx. 15 mins from our location which makes them our direct competition. This makes us very uncomfortable to share any information with MPAC since it can be used against us in a competitive world. At this point we will exercise our right of not sharing any confidential information which is accessible to only 3 people myself, accountant and bank.
7While the Board appreciates the concerns raised, it is a legal requirement that parties to an appeal proceeding do not use the information obtained for any purpose other than the appeal proceeding. Furthermore, MPAC, pursuant to its authority under s. 53(5) may require that the requesting party execute a Non-Disclosure Agreement. The Board must weigh the requirement for the exchange of all relevant information against the protection of commercially sensitive information. In this case, the Board finds that the above-described legal obligation to use the information only for appeal purposes and a requirement that the requesting party execute a Non-Disclosure Agreement, is sufficient protection to address the concern raised by the Other Property Owner.
8For these reasons, the Board finds that the request respecting 2230 Dundas St. London should be granted. As the request regarding the remainder of the Other Properties is unopposed, this request is also granted.
ORDER
9Subject 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 other parties in this appeal proceeding.
“Dirk VanderBent”
DIRK VANDERBENT
VICE-CHAIR
Assessment Review Board
Website: www.tribunalsontario.ca/arb
Attachment 1 – List of Other Properties
Municipal Address
Assessment Roll No.
811 ATHLONE AVE, WOODSTOCK
324204000101404
774 BASE LINE RD E, LONDON
393605053001200
864 EXETER RD, LONDON
393605066007600
1100 WELLINGTON RD, LONDON
393605063016810
855 WELLINGTON RD, LONDON
393606058037080
510 NORWICH AVE, WOODSTOCK
324204000113000
20 SAMNAH CRES, INGERSOLL
321803006511020
1120 DEARNESS DR, LONDON
393605063018100
810 EXETER RD, LONDON
393605066020910
580 BRUIN BLVD, WOODSTOCK
324204000113501
824 EXETER RD, LONDON
393605066020907
800 EXETER RD, LONDON
393605066021005
19 Holiday Dr, BRANTFORD
290603000708900
666 COLBORNE ST, BRANTFORD
290604001103400
811 ATHLONE AVE, WOODSTOCK
324204000101404
510 NORWICH AVE, WOODSTOCK
324204000113000
203 QUEENSWAY W, SIMCOE
331040100115000
555 BLOOMFIELD RD, CHATHAM
365042002222430
1716 LONDON LINE, SARNIA
382930003619100
283 CHRISTINA ST N, SARNIA
382940000106300
1498 VENETIAN BLVD, POINT EDWARD
383100003017701
1400-1460 VENETIAN BLVD, POINT EDWARD
383100003018300
815 MARA ST, POINT EDWARD
383100005011550
242 PALL MALL ST, LONDON
393602017005000
1120 DEARNESS DR, LONDON
393605063018100
824 EXETER RD, LONDON
393605066020907
810 EXETER RD, LONDON
393605066020910
855 WELLINGTON RD, LONDON
393606058037080
3130 DINGMAN DR, LONDON
393608004019605
2727 TOKOLA TRAIL, LONDON
393609046005765
457 SOUTHDALE RD W, LONDON
393608005021000
CLARKE RD, LONDON
393604070002200
2320 AUTO MALL AVE, LONDON
393603032049910
2140 KAINS RD, LONDON
393608007069200
45 BESSEMER RD, LONDON
393605066007650
2230 DUNDAS ST, LONDON
393603032053900
840 EXETER RD, LONDON
393605066020900
242 PALL MALL ST, LONDON
393602017005000
Attachment 2 – List of Requested Documents
Actual Income and Expense statements
Rent Rolls
Sales Investigation Sheets
Completed financial filings to MPAC
A complete copy of all documents, analysis, notes, conclusions, spreadsheets MPAC compiled from each property
Property Profile Reports for each property
MPAC Cap Rate study together with all supporting documentation and analysis.
ASR study MPAC completed to determine the ASR of 0.74 a description of the property characteristics for each property in MPAC’s review of land sales of comparable properties below (sic) in the vicinity
MPAC documented review of the local market together with the analysis of data as completed by MPAC to determine potential gross revenue, expenses, and net operating income of the Subject