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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Recently Posted Cases:
Category: Procedural IssuesOxford 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
Category: Municipal Act IssuesGeneral 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 IssuesCorporation 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.