Tribunals Ontario

Tribunaux décisionnels Ontario

Assessment Review Board

Commission de révision de l’évaluation foncière

ISSUE DATE: July 10, 2024 FILE NO.: DM 186549 Assessed Person(s): Universal Resource Recovery Inc. Appellant(s): Universal Resource Recovery Inc. Respondent(s): City of Welland Property Location(s): 615 Rusholme Road Municipality(ies): City of Welland Roll Number(s): 2719-060-004-14801-0000 Appeal Number(s): 3518766 Taxation Year(s): 2022 Hearing Event No.: 783865

Legislative Authority: Section 357(8) of the Municipal Act, 2001, S.O. 2001, c. 25

APPEARANCES:

Parties Universal Resource Recovery Inc. City of Welland

Representative Peter Tam No one appeared

HEARD: July 5, 2024 by video conference

ADJUDICATOR(S): Dan Weagant, Member

PROCEDURAL ORDER

OVERVIEW

1On July 5, 2024, the Assessment Review Board (the “Board”) held a full hearing pursuant to its Rules of Practice and Procedure effective April 1, 2021 (the “Rules”) and the Schedule of Events in this proceeding.

2Universal Resource Recovery Inc. (the “Appellant”) filed an application to the City of Welland for the cancellation, reduction or refund of taxes, for a portion of the 2022 taxation year because repairs or renovations to the land prevented the normal use of the land for a period of at least three months during the year, pursuant to s. 357.1(g) of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”).

3The Council of the City of Welland failed to make its decision on that application by September 30, 2023. Pursuant to s. 357.(8) of the Act, the Appellant appealed to the Board. At the hearing, the Board confirmed that the appeal was properly made and met the timing requirements of the Act.

4This Procedural Order sets out additional information required of the Appellant for the Board to make a final decision on this appeal.

ORDER

5The Board orders that the Appellant shall deliver the following documents to the registrar, by July 26, 2024:

• A detailed description of the work carried out on the washrooms in the areas known as Units 104 and 105;

• A copy of the building permits issued;

• Any plans or drawings indicated the nature of the renovations, removals and additions carried out as part of the work;

• Any other documents to describe the work completed.

6These documents can take any form that specifically sets out the work contemplated and completed, and that shows how its execution led to the prevention of the normal use of the subject units 104 and 105.

7Upon receipt of the explanatory documents ordered herein, the Board shall:

1. Issue a final decision based on the evidence;

2. Re-convene the hearing to clarify any issues arising; or

3. Take any other steps toward resolution it deems appropriate in accordance with the Rules.

8I am seized.