Court File and Parties

CITATION: County of Wellington v. Municipal Property Assessment Corporation Region No. 22, 2022 ONSC 1458

DIVISIONAL COURT FILE NO.: 961/21

DATE: 20220307

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: COUNTY OF WELLINGTON, Responding Party

AND:

MUNICIPAL PROPERTY ASSESSMENT CORPORATION REGION NO. 22, ST. MARY’S CEMENT INC. (CANADA), CAPITAL PAVING INC., PRESTON SAND AND GRAVEL COMPANY, 2416854 ONTARIO INC. and CRH CANADA INC., Moving Parties

BEFORE: D.L. Corbett J.

COUNSEL: Don Mitchell and Jennifer A. Barlow, for MPAC

Richard Minster and Don Rosman, for CRH Canada Inc.

Jeff Cowan, for St. Mary’s Cement Inc. (Canada)

Cynthia B. Kuehl, Rebecca Shoom and Marshall Dupuy, for Wellington County

HEARD: March 4, 2022, by videoconference in Toronto

DECISION ON MOTION FOR LEAVE TO APPEAL

[1] The motion for leave to appeal the decision of the Assessment Review Board dated October 19, 2021 and the interim decision of the Assessment Review Board dated March 29, 2021 is granted in respect to the questions of law identified in paragraph 36 of MPAC’s factum on the leave motion.

[2] Consistent with usual practice in this court, there shall be no reasons for this leave decision: Westhaver Boutique Residences Inc. v. Toronto, 2020 ONSC 3949 (D.L. Corbett J.); ABC Residents Association v. Yonge & Scollard Developments Inc., 2020 ONSC 4280 (D.L. Corbett J.); Action Champlain c. Colacem Canada Inc., 2021 ONCS 4690 (Boucher J.); Craft Acquisitions Corp. v. P.I.T.S. Development Inc., 2020 ONSC 7174 (Favreau J. (as she then was)); HarbourEdge Realty Administration Corp. v. Kingston (City), 2020 ONSC 7048 (Mew J.).

[3] As agreed, there shall be no order as to costs of the leave motion.

“D.L. Corbett J.”

Released: March 7, 2022