Case Summaries

We have summarized recent cases that we believe will be of interest to the profession. Cases are categorized based on our opinion of the issues raised. Chose a link to view a specific category or look below to see the most recently posted summaries.

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The summaries are provided for your information only. Click on a case name for more information.

Recently Posted Cases:

Category: Procedural Issues

Oxford Properties Group Inc. et al. v. Municipal Property Assessment Commissioner, et al. (13 April 2006), (Ont. A.R.B.) [unreported].

On a motion by the complainant to quash a summons issued to compel attendance of president and CEO of the complainant, the Board held that the onus was on the party seeking to set aside the summons to convince the Board that the motion should be granted.

Category: Municipal Act Issues

General Motors of Canada Ltd. v. City of St. Catharines (7 April 2006), (Ont.A.R.B.) [unreported].

The use of the permissive "may" in what is now s.357 of the Municipal Act, 2001 does not give a municipality discretion to refuse to refund taxes to applicants that otherwise meet the criteria in the legislation.

Category: Procedural Issues

Corporation of the City of Toronto v. The Townhouses of Hogg’s Hollow Inc. et al. (21 April 2006), (Ont.A.R.B.) [unreported]

The Board found that fulfillment of the notice requirement in s.40(3) was a pre-condition to the establishment of a valid complaint and that ‘actual’ notice was required. In this case, as actual notice was not given to the assessed person, the complaint was quashed.


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