Tribunals Ontario
Tribunaux décisionnels Ontario
Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: May 05, 2023
Assessed Person(s): Metro Ontario Real Estate Limited
Appellant(s): Metro Ontario Inc.
Respondent(s): Municipal Property Assessment Corporation Region 05
Respondent(s): City of Kingston
Property Location(s): 33 Barrack St.
Municipality(ies): City of Kingston
Roll Number(s): 1011-030-100-12500-0000
Appeal Number(s): 3485821 and 3511866
Taxation Year(s): 2022 and 2023
Hearing Event No.: 779767
Legislative Authority: Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31
| Parties | Representative |
|---|---|
| Metro Ontario Inc., and Metro Ontario Real Estate Limited | James Brook |
| Municipal Property Assessment Corporation | Roxanne Poulain |
| City of Kingston | Submissions not received |
REQUEST FOR: An Order for Disclosure
HEARD: May 4, 2023 in writing
ADJUDICATOR(S): Carly Stringer
ORDER
REASONS
Background
1Metro Ontario Inc. (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 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 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, the Board orders that MPAC is required to disclose the Requested Documents to the parties in this appeal proceeding within two (2) weeks of this Order being issued.
7An amendment to the Schedule of Events is required in light of the above Order. The Board orders that the Schedule of Events be amended to provide that each party is to serve on all other parties its additional expert report within eight (8) weeks of this Order being issued. All subsequent due dates are to be adjusted accordingly.
"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. | 2774-2814 Princess St | 10-11-080-200-15490-0000 |
| 2. | 1685 Bath Rd | 10-11-080-110-14100-0000 |
| 3. | 105 Sutherland Dr | 10-11-040-150-14502-0000 |
| 4. | 1200-1224 Highway | 10-11-090-050-00410-0000 |
| 5. | 1225 Princess St | 10-11-060-080-10600-0000 |
Attachment 2 – List of Requested Documents
- Contract Rate
- Lease Execution Date/ Lease Negotiation Date
- Lease Expiry Date