Tribunals Ontario
Assessment Review Board Commission de révision de l'évaluation foncière
ISSUE DATE: September 27, 2024 FILE NO.: DM 186852
Assessed Person(s): Barrie Lifestyle Inc. Appellant(s): Barrie Lifestyle Inc. Respondent(s): Municipal Property Assessment Corporation Region 16 Respondent(s): City of Barrie Property Location(s): 436 Bryne Drive Municipality(ies): City of Barrie Roll Number(s): 4342-040-018-12626-0000 Appeal Number(s): 3523101 and 3525737 Taxation Year(s): 2023 and 2024 Hearing Event No.: 785182
Legislative Authority: Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31
| Parties | Representative |
|---|---|
| Barrie Lifestyle Inc. | Jeff Derbyshire |
| Municipal Property Assessment Corporation | David Zhao |
| City of Barrie | Submissions not received |
REQUEST FOR: An Order for Disclosure HEARD: September 25, 2024 in writing ADJUDICATOR(S): Dirk VanderBent, Vice-Chair
ORDER
REASONS
Background
1Barrie Lifestyle 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, subject to the proviso that disclosure respecting Property 10, 247 Mill St., shall be made only in respect of the supermarket and not other tenants.
ORDER
6Subject 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.
7The due date under the Schedule of Events for this appeal proceeding shall be amended to a date that is 45 days from the date of this Decision.
"Dirk VanderBent"
DIRK VANDERBENT VICE-CHAIR Assessment Review Board Website: www.tribunalsontario.ca/arb
Attachment 1 – List of Other Properties
| Municipal Address | Assessment Roll No. | |
|---|---|---|
| 1. | 409 BAYFIELD ST | 4342-021-027-00501 |
| 2. | 165 WELLINGTON ST W | 4342-031-012-02600 |
| 3. | 319 BLAKE ST | 4342-011-003-07700 |
| 4. | 319 CUNDLES RD E | 4342-012-025-00410 |
| 5. | 472 BAYFIELD ST | 4342-031-025-00650 |
| 6. | 35 MOLSON PARK DR W | 4342-040-018-09102 |
| 7. | 555 ESSA RD | 4342-040-017-09402 |
| 8. | 35 MOLSON PARK DR W | 4342-040-018-09102 |
| 9. | 640 FIRST ST | 4331-050-002-17500 |
| 10. | 247 MILL ST | 4321-010-004-39000 |
| 11. | 2080 JANS BLVD | 4316-010-023-03000 |
| 12. | 289-299 YONGE ST | 4342-040-016-79920 |
Attachment 2 – List of Requested Documents
- All redacted information found within the Expert Report of Katelyn Morrow, that are in MPAC's possession for all the properties which the Appellant has provided required notice to.
- Rent rolls from when the lease started up until the current date and actual copies of leases which are in MPAC possession.