Tribunals Ontario Tribunaux décisionnels Ontario Assessment Review Board Commission de révision de l’évaluation foncière
ISSUE DATE: November 20, 2023
Assessed Person(s): T Valeri Construction Limited
Appellant(s): T Valeri Construction Limited
Respondent(s): Municipal Property Assessment Corporation Region 19
Respondent(s): City of Hamilton
Property Location(s): 1670 Garth Street
Municipality(ies): City of Hamilton
Roll Number(s): 2518-081-101-08175-0000
Appeal Number(s): 3505087and 3513370
Taxation Year(s): 2022 and 2023
Hearing Event No.: 782772
Legislative Authority: Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31
| Parties | Counsel*/Representative |
|---|---|
| T Valeri Construction Limited | Paul Grosman Jennifer Chinaloy |
| Municipal Property Assessment Corporation | Michael Radan |
| City of Hamilton | Damian Bernacik* Caitlin Rees |
REQUEST FOR: An Order for Disclosure
HEARD: November 10, 2023 in writing
ADJUDICATOR(S): Carly Stringer, Member
ORDER
REASONS
Background
1The City of Hamilton (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 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 properties. 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 none of them object to MPAC's production of the Requested Documents.
4Neither MPAC nor any other party to this appeal proceeding opposes the request.
5As the request is unopposed, the Board grants the request as set out in the Order.
ORDER
6Subject 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 within 15 days of this Order.
7The Schedule of Events is extended by 45 days from the date of this Order.
"Carly Stringer"
CARLY STRINGER MEMBER Assessment Review Board Website: www.tribunalsontario.ca/arb
Attachment 1 – List of Other Properties
| Municipal Address | Assessment Roll No. | |
|---|---|---|
| 1. | 140 Main St, Hamilton | 2518-020-121-00434-0000 |
| 2. | 149 Main St, Hamilton | 2518-020-131-06510-0000 |
| 3. | 220 Cannon St, Hamilton | 2518-020-182-06380-0000 |
Attachment 2 – List of Requested Documents
- The PIER information received between 2015 and 2019 for the three comparable properties relied on by MPAC to establish the FMRs for the Subject Property