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Motion to dismiss granted; Board lacks discretion to extend statutory deadline for vacant unit rebate applications.
The City of Ottawa brought a motion to dismiss an appeal by 1649050 Ontario Ltd. regarding a vacant unit rebate application for the 2016 taxation year.
The City argued the application was filed after the statutory deadline of February 28, 2017.
The Assessment Review Board found it had jurisdiction to hear the appeal but concluded it had no discretion to extend the statutory filing deadline.
The motion was granted and the appeal was dismissed.
Board orders segregated ballots counted, finding no agreement to exclude them and no fatal breach of ballot secrecy.
During a representation vote between OSSTF and CUPE, 13 segregated ballots remained uncounted.
OSSTF alleged that the parties had agreed not to count these ballots and that CUPE committed an unfair labour practice by contacting the segregated voters after the vote to ask how they voted, thereby breaching the secrecy of the ballot.
OSSTF sought a new vote or an order that the ballots not be counted.
The Board found no agreement existed to discount the ballots.
The Board also held that CUPE's post-vote inquiries, while perhaps unwise, did not violate the Labour Relations Act or compromise the integrity of the balloting process such that the voters should be disenfranchised.
The Board directed that the segregated ballots be counted.
