Tribunals Ontario
Assessment Review Board
ISSUE DATE: September 26, 2024 FILE NO.: DM 186850
Assessed Person(s): Chiefton Investments Limited Appellant(s): Labatt Breweries of Canada Respondent(s): Municipal Property Assessment Corporation Region 15 Respondent(s): City of Mississauga
Property Location(s): 445 Export Boulevard Municipality(ies): City of Mississauga Roll Number(s): 2105-040-117-24003-0000 Appeal Number(s): 3511386 and 3525553 Taxation Year(s): 2023 and 2024 Hearing Event No.: 785171
Legislative Authority: Section 53(5) of the Assessment Act, R.S.O. 1990, c. A.31
| Parties | Counsel/Representative |
|---|---|
| Chiefton Investments Limited | Submissions not received |
| Labatt Breweries of Canada | Natalie Holmes |
| Municipal Property Assessment Corporation | Curtis Nielsen |
| City of Mississauga | Submissions not received |
REQUEST FOR: An Order for Disclosure HEARD: September 20, 2023 in writing ADJUDICATOR(S): Christopher Voutsinas, Vice-Chair
ORDER
REASONS
Background
1Labatt Breweries of Canada (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 Schedule “A” to this Order for these Other Properties. See Attachment 2 of Schedule “A” 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 satisfied the Board that notice has been served on the Other Property Owners and that five of them did not object to MPAC's production of the Requested Documents. However, one of them did object (“Opposing Property Owner”). See Attachment 3 of Schedule “A” for a list of the Opposing Property Owners.
4The Opposing Property Owner was provided until September 2, 2024 to submit a written response and submissions to the Board. The Board communicated with them advising that they could file submissions with the Board in support of their opposition, and the Board would proceed to adjudicate the request if they did not do so.
5No such response or submission was received by the Board.
6As such, the Board is proceeding to adjudicate this request as an unopposed matter.
7MPAC is now directed to disclose the referenced information.
8The Board grants the request as set out in the Order.
ORDER
9Subject 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.
"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. | Assessed Owner | Address for Service |
|---|---|---|---|
| 1. 38 Nixon Rd, Caledon | 212401000308536 | M-J-J-J Developments Inc | 4 Holland Dr Unit 8 Bolton ON CA L7E 1G1 |
| 2. 3389 Steeles Ave, Brampton | 211015011801310 | The Canada Life Assurance Company | 199 Bay St Suite 4000 Po Box 25 STN Commerce Court Toronto ON CA M5L 1A9 |
| 3. 7550 Tranmere Dr, Mississauga | 210505011525840 | 6393250 Canada Inc | 3901 Jarry St E Suite 250 Montreal QC CA H1Z 2G1 |
| 4. 40 Granite Ridge Rd, Vaughan | 192800023263400 | Realty Growth 11 Holdings Inc | 3700 Steeles Ave W Unit 800 Woodbridge ON CA L4L 8M9 |
| 5. 100 Disco Rd, Etobicoke | 191903836000611 | Canadian Property Holdings (Ontario) Inc – Choice Reit | 22 St Clair Ave E Suite 500 Toronto ON CA M4T 2S5 |
| 6. 12333 Airport Rd, Caledon | 212401000617011 | 12333 Airport Rd Holdings ULC - Pure Industrial Real Estate Trust | 121 King St W Suite 1200 Po Box 112 Toronto ON CA M5H 3T9 |
Attachment 2 – List of Requested Documents
- All redacted information found in the MPAC SOR and any relevant documents that were used by MPAC to develop or derive the redacted information.
Attachment 3 - Other Property Owner/Tenants who oppose the Request
| Other Property Municipal Address | Other Property Owners/Tenants Who Oppose | Representative |
|---|---|---|
| 40 Granite Ridge Rd, Vaughan | Mr. Vinod Chohan Sorbara Group of Companies 3700 Steeles Ave. W. #800 Woodbridge, ON L4L 8M9 Tel: 905-850-6154 x.232 Email: vinodchohan@sorbara.com |