Properly Taxed

Who Has the Burden of Proof in Ontario Property Tax Appeals?

What happens when the Board does not have sufficient evidence to determine current value? This blog forms part of a series of blogs that will look at the issue of burden under the Assessment Act.

A New View of Palpable Errors

The Assessment Review Board has recently indicated that there will be a more flexible and fair test applied to palpable error applications under section 40.1 of the Assessment Act

Jurisdiction of the Board in Determining Property Tax Exemptions - Part 2

In Part 2 of this blog we explore the reasons why the Board ought to have the power to make exemption determinations.

Jurisdiction of the Board in Determining Property Tax Exemptions - Part 1

In Part 1 of this two-part blog, we explore the Assessment Review Board’s refusal to decide whether a property is exempt from municipal taxation in some cases but making an exemption determination in others.

Understanding Time Adjustment in Property Valuation

Valuing property for tax purposes often involves comparing the property you are valuing to similar properties that sold. A common issue that arises is that the comparable sales do not sell on the day you are looking for. How do you move those sales through time to make them better comparisons? Read more...

Divisional Court Weighs in on Withdrawal Motions before the Board

In a previous blog, we highlighted the recent Board jurisprudence on an appellant owner’s attempt to withdraw an appeal after MPAC or a municipality serves notice of an intention to seek a higher assessment. The Divisional Court in Merivale-Gilmour Manor Ltd. v. Municipal Property Assessment Corporation Region No. 3 et al, 2021 ONSC 6240 (CanLII) has supported the Assessment Review Board’s (the “Board’s”) approach on withdrawals.

When is a Property Sold?

Properties take time to sell. They are listed for sale, offers are made, offers are accepted, and ultimately, the sale closes at a later date. In this blog, we explore the very specific issue of what date is most appropriate to use for a comparable sale.

Classification of a Home Office for Property Tax

Through the pandemic more people have worked from home than ever before. There is a growing view that some people will not likely go back to offices and continue to complete professional tasks from home. This has the potential to transform the real estate market. Click to read more...

Can You Withdraw an Appeal Before the Ontario Assessment Review Board?

There are some risks that come with filing an appeal with the Ontario Assessment Review Board. Based on the Board’s recent jurisprudence, one risk is that an appellant may end up with a higher assessment at the end of the process, even if that appellant prefers to withdraw its appeal. Click here to read more....

Can Inequity Be Proven Using Only One Comparable Property?

Can an equitable adjustment be made based on the assessment of one similar property in the vicinity? In this blog, we explore alternatives to showing inequity. Click here to read more...