ASC (RYMAL) Facility Inc. v. Municipal Property Assessment Corporation Region 19, 2023 CanLII 48570

Assessment Review Board

Commission de révision de l’évaluation foncière

ISSUE DATE: June 02, 2023

FILE NO.: DM 184146

Assessed Person(s): ASC (RYMAL) Facility Inc.

Appellant(s): ASC (RYMAL) Facility Inc.

Respondent(s): Municipal Property Assessment Corporation Region 19

Respondent(s): City of Hamilton

Property Location(s): 2126 Rymal Road E.

Municipality(ies): City of Hamilton

Roll Number(s): 2518-901-130-40050-0000

Appeal Number(s): 3501458, 3501459, 3508909 and 3513410

Taxation Year(s): 2021, 2022 and 2023

Hearing Event No.: 780891

Legislative Authority: Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31

Parties	Counsel*/Representative
ASC (RYMAL) Facility Inc.	Chantelle MacMillan
Municipal Property Assessment Corporation	Donald G. Mitchell*
City of Hamilton	Damian Bernacik*

REQUEST FOR: An Order for Disclosure

HEARD: June 02, 2023 in writing

ADJUDICATOR(S): Christopher Voutsinas

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”). See Attachment 1 of Schedules “A” and “B” to this Order for these Other Properties. See Attachment 2 of Schedules “A” and “B” to this Order for the requested documents (“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 nine of them do not object to MPAC's production of the Requested Documents. However, two of them do object (“Opposing Property Owners”). See Attachment 3 of Schedules “A” and “B” for a list of the Opposing Property Owners.

4MPAC is directed to disclose the information for the nine of the eleven Other Property Owners, where the disclosure request is not opposed by any of the parties.

5The two Opposing Property Owners are provided two weeks from the date of this Order to provide their written response and related submissions via email to ARB.Registrar@ontario.ca in connection with their opposition to the City’s disclosure request.

6MPAC consents to the Requesting Party’s request.

7The Board grants the request as set out in the Order.

ORDER

8Subject 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 in connection with the nine Other Property Owners who have not opposed the request.

9The two Opposing Property Owners are provided two weeks from the date of this Order to provide their written response and related submissions via email to ARB.Registrar@ontario.ca.

"Christopher Voutsinas"

CHRISTOPHER VOUTSINAS VICE-CHAIR Assessment Review Board Website: www.tribunalsontario.ca/arb

SCHEDULE “A”

Attachment 1

List of Other Properties

	Municipal Address	Assessment Roll No.
1.	50 Hatt St, Hamilton	2518-260-120-33685-0000
2.	460 Rymal Rd W, Hamilton	2518-081-041-01062-0000
3.	5401 Lakeshore Rd, Burlington	2402-080-823-05100-0000
4.	456 Trafalgar Rd, Oakville	2401-030-010-12600-0000

Attachment 2

List of Requested Documents

The actual operating expenses referred to by MPAC in paragraph 18 of its Statement of Response.

Attachment 3

Other Property Owners/Tenants and/or Parties Who Oppose the Request

	Other Property Municipal Address	Other Property Owners/Tenants who Oppose	Representative
1.	50 Hatt St, Hamilton (2518-260-120-33685)	Amica Dundas Inc. 20 Queen St W, Suite 3200 Toronto, ON M5H 3R3	Amica Senior Lifestyles Andrea Fellows 20 Queen St W, Suite 3200 Toronto, ON M5H 3R3 a.fellows@amica.ca

SCHEDULE “B”