Tribunals Ontario
Tribunaux décisionnels Ontario
Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE:
July 19, 2022
FILE NO.:
DM 180395
Assessed Person(s):
Gregory Capello; 1693876 Ontario Inc.
Appellant(s):
Gregory Capello; 1693876 Ontario Inc.
Respondent(s):
Municipal Property Assessment Corporation Region 03
Respondent(s):
City of Ottawa
Property Location(s):
283-285 Kirchoffer Avenue
Municipality(ies):
City of Ottawa
Roll Number(s):
0614-084-302-15100-0000
Appeal Number(s):
3485162, 3479357, 3485163, 3482858 and 3486543
Taxation Year(s):
2019, 2020, 2021 and 2022
Hearing Event No.:
770270
Legislative Authority:
Sections 33 and 40 of the Assessment Act, R.S.O. 1990, c. A.31
APPEARANCES:
Parties
Representative
Gregory Capello 1693876 Ontario Inc.
Self-represented
Municipal Property Assessment Corporation
Laura Kelleher
City of Ottawa
No one appeared
REQUEST FOR:
Adjournment
HEARD:
July 14, 2022 by telephone conference call
ADJUDICATOR(S):
Carly Stringer, Member
MOTION DECISION
OVERVIEW
1The Appellant, Gregory Capello, has appealed the assessments of 283-285 Kirchoffer Avenue in the City of Ottawa. These appeals were scheduled to be heard on July 14, 2022 by teleconference call.
2The Appellant requested an adjournment of the hearing.
3MPAC did not consent to the Appellant’s request.
4The Board granted the Appellant’s request with written reasons to follow. These are those reasons.
ANALYSIS
5The Appellant requested an adjournment. He testified that he has been experiencing very challenging medical issues, including a recent surgical procedure, in addition to performing significant caregiving for his elderly parents. He stated that these circumstances, coupled with confusion regarding the relevant deadlines and notices from the Board, resulted in him being unprepared to proceed.
6MPAC did not consent to the adjournment, alleging the Appellant failed to comply with the Schedule of Events, including the March 7, 2022 deadline to provide it with documents and a description of the issues in dispute. The Appellant denied that he failed to comply with the Schedule of Events, indicating that he clarified the issues over many communications with MPAC before March 7, 2022. MPAC confirmed it was not alleging prejudice to it.
7The Board has considered all of the factors in Rule 73 of the Board’s Rules of Practice and Procedure, which covers adjournment. The Board finds that the interests of the parties in a full and fair proceeding; the lack of evidence of prejudice to MPAC; and the circumstances of the Appellant all weigh in favour of granting the request. The Board finds that the integrity of the Board’s process and the late timing of the Appellant’s request weigh against granting the adjournment. All other factors in Rule 73 are neutral. Therefore, the Board finds that the balance of factors weigh in favour of granting the adjournment request and the Board so grants the adjournment.
ORDER
8MPAC asked to conduct an inspection of the Subject Property, and the Appellant consented. Therefore, the Board orders as follows:
a. The hearing is adjourned until November 2, 2022 at 1:30 p.m. by telephone conference call.
b. MPAC is afforded until September 16, 2022 to conduct an inspection of the Subject Property and serve the Appellant with any amended materials, if such amendments are required following inspection.
c. The Appellant is granted until September 30, 2022 to respond to and file documents relating to any new issues raised in MPAC’s amended materials served on September 16, 2022.
d. If the parties intend to rely on any of these amended or new materials at the hearing, the parties are required to file them with the Board by October 7, 2022.
"Carly Stringer"
CARLY STRINGER
MEMBER
Assessment Review Board
Website: www.tribunalsontario.ca/arb