Tribunals Ontario
Tribunaux décisionnels Ontario
Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE:
June 20, 2023
FILE NO.:
DM 183845
Assessed Person(s):
Centrefund (RH) Corporation
Appellant(s):
Metro Ontario Inc.
Respondent(s):
Municipal Property Assessment Corporation Region 18
Respondent(s):
City of St. Catharines
Property Location(s):
275 Geneva Street
Municipality(ies):
City of St. Catharines
Roll Number(s):
2629-060-027-01200-0000
Appeal Number(s):
3485823 and 3513281
Taxation Year(s):
2022 and 2023
Hearing Event No.:
780499
Legislative Authority:
Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31
Parties
Representative
Metro Ontario Inc.
James Brook
Centrefund (RH) Corporation
Submissions not received
Municipal Property Assessment Corporation
Rachel Lethbridge
City of St. Catharines
Submissions not received
REQUEST FOR:
An Order for Disclosure
HEARD:
May 12, 2023 in writing
ADJUDICATOR(S):
Christopher Voutsinas, Vice-Chair
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.
6Further, the Appellant requests 15 days from the Board's decision to allow MPAC to provide the requested disclosure, and that the parties then be given an additional 6 weeks to prepare their respective expert reports.
ORDER
7Subject 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.
8The requested extensions to due dates in the Schedule of Events is granted.
"Christopher Voutsinas"
CHRISTOPHER VOUTSINAS
VICE-CHAIR
Assessment Review Board
Website: www.tribunalsontario.ca/arb
Attachment 1 – List of Other Properties
Municipal Address
Assessment Roll No.
149 Hartzel Rd
262901002701100
286 Bunting Rd
262903003222700
318A Ontario St
262904003807300
368400 Scott St
262905000501000
101121 Lakeshore Rd
262906001827600
33573361 King St
262203001430000
525 Welland Ave
262903003203300
311 Gorham Rd
270302001523600
Attachment 2 – List of Requested Documents
Contract Rate
Lease Execution Date/ Lease Negotiation Date
Lease Expiry Date