The applicants sought leave to appeal an Assessment Review Board decision classifying their properties, which were under construction for residential condominiums, as multi-residential rather than residential for property tax purposes.
The Divisional Court found no error in the Board's interpretation that buildings under construction constitute 'vacant land' under O. Reg. 282/98, as they were not yet being used.
The Court also upheld the Board's finding that the properties were principally zoned for multi-residential development.
The motion for leave to appeal was dismissed.