CITATION: Kensington Foundation v. Municipal Property Assessment Corp., 2016 ONSC 4028
DIVISIONAL COURT FILE NO.: 09/15 DATE: 20160616
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
H. MCLEAN, C. HORKINS AND L.A. PATTILLO JJ.
BETWEEN:
THE KENSINGTON FOUNDATION
Appellant
– and –
MUNICIPAL PROPERTY ASSESSMENT CORPORATION and the CITY OF TORONTO
Respondents
Richard R. Minster, for the Appellant
Marc McLaren-Caux, for the Respondent, Municipal Property Assessment Corporation
Christopher J. Henderson, for the Respondent, City of Toronto
HEARD at Toronto: June 16, 2016
MCLEAN J.
[1] This is a statutory appeal from a decision of the Assessment Review Board dated December 12, 2014 confirming an earlier Board order which made a correction to an assessment. This was done by correcting a typographical error of no minor significance. The reason behind the request for this consent order is set forth in a letter of yesterday’s date and Minutes of Settlement which are filed with these materials. The requested order is to give effect to:
Para. 3 : The parties intend that the assessment and subsequent taxes for the 2001 to 2006 taxation years, inclusive, shall remain as based on the 2001, 2002 original order at $779,000.
Para. 4: The parties also intend that commencing the 2007 taxation year, Kensington shall pay taxes as if the assessment was at the original settled amount of $7,790,000 throughout for the 2001 and 2002 taxation years.
Para. 5: In order to implement this intention, the City requires that for the 2007 taxation year, 2006 taxes shall be deemed to be $750,488.87.
(as found in the letter of yesterday’s date)
[2] The issues in paras. 2 and 6 of the Minutes of Settlement which are requested to be dealt with under our powers found in s.134 of the Courts of Justice Act are required to provide a corrected base rate for the assessment and the realty taxes on the premises. These are in turn required to correct the original error. They are further necessary to allow for a continued adjusted rate of realty taxes given the calculation complexities of the current and continuing tax rates under the Assessment Act and the City of Toronto Act. All these changes are necessary to give effect to the agreement of these parties.
[3] The return of the matter to MPCA would only extend the period of miscalculation, the rectification of which is the object of this appeal. Therefore, it seems appropriate, given the peculiar circumstances of this appeal to grant the order requested.
___________________________ H. MCLEAN J.
C. HORKINS J.
L.A. PATTILLO J.
Date of Reasons for Judgment: June 16, 2016
Date of Release: June 17, 2016
CITATION: Kensington Foundation v. Municipal Property Assessment Corp., 2016 ONSC 4028
DIVISIONAL COURT FILE NO.: 09/15 DATE: 20160616
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
H. MCLEAN, C. HORKINS AND
L.A. PATTILLO JJ.
BETWEEN:
THE KENSINGTON FOUNDATION
Appellant
– and –
MUNICIPAL PROPERTY ASSESSMENT CORPORATION and the CITY OF TORONTO
Respondents
ENDORSEMENT
H. MCLEAN J.
Date of Reasons for Judgment: June 16, 2016
Date of Release: June 17, 2016