Tribunals Ontario
Tribunaux décisionnels Ontario
Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE:
July 11, 2023
RR 23-011
Assessed Person(s):
A.K.M.F. and N.A.
Applicant(s):
A.K.M.F. and N.A.
Respondent(s):
City of Mississauga
Property Location(s):
Address Withheld
Municipality(ies):
City of Mississauga
Roll Number(s):
Roll Number Withheld
Appeal Number(s):
3510716
Taxation Year(s):
2022
Legislative Authority:
Rules 104-105 of the Assessment Review Board’s Rules of Practice and Procedure
Parties
Representative
A.K.M.F.
Self-represented
City of Mississauga
Sean Doyle
REQUEST FOR:
Reinstatement of appeal 3510716
HEARD:
In writing
ADJUDICATOR(S):
Carly Stringer, Member
DECISION
OVERVIEW
1A.K.M.F. (the “Requesting Party”) is asking the Assessment Review Board (the “Board”) to reinstate their application.
2The Requesting Party’s application was dismissed after the Requesting Party failed to attend a pre-hearing conference on April 11, 2023, without contacting the Board or the municipality responding to their application.
3The Requesting Party provided evidence that they have memory loss associated with a medical condition, and they forgot to attend on April 11, 2023.
4The municipality does not take a position on this request.
5Rules 104 and 105 of the Board’s Rules of Practice and Procedure (the “Rules”) provide as follows:
Request to Reinstate an Appeal
- A party to a former proceeding may seek an order from the Board to reinstate an appeal by filing an affidavit with the Board, copied to all parties, no more than 30 days after the appeal was dismissed or withdrawn by the Board, setting out that:
(a) the appeal was withdrawn, removed or dismissed in error;
(b) a party failed to appear at a hearing event through no fault of their own; or
(c) natural justice or procedural fairness require that the appeal be reinstated.
Reinstatement Order
- Upon considering a request for reinstatement, the Board may reinstate the appeal, with or without conditions.
6In all of the circumstances, the Board is satisfied that the Requesting Party failed to appear at a hearing event through no fault of their own and that natural justice requires that the application be reinstated.
ORDER
7The Board orders that the Requesting Party’s application be reinstated, and that a pre-hearing conference call be scheduled to determine next steps in the proceeding.