Updated July 2017
New Rules in Ontario
The Assessment Review Board (“ARB”), which provides the first and only level of administrative law review of assessment appeals in Ontario, has changed its rules.
The ARB new rules are effective April 1, 2017. There are 122 rules and several Practice Directions. Most significantly, all appeals will be grouped as either “General” or “Summary”. General proceedings have a detailed schedule to be adhered to unless it is altered by the parties with the consent of the ARB. All appeals are deemed to be general proceedings unless they are specified as summary proceedings. The details include specified hard dates for inspections, productions, examinations for discovery, motions, exchange of witness statements and reports.
All of this means that the litigation before the ARB will be increasingly complex and rule-bound. It is not an area for amateurs.
J. Bradford Nixon
Nixon Fleet & Poole LLP
American Property Tax Counsel (APTC)