Challenges and Solutions in Ontario Valuation & Legal Symposium
Various issues and solutions discussed at the CPTA 2020 Ontario Valuation & Legal Symposium, including reducing appeals burden, expeditious resolution challenges, fair hearing rights, drowning in forms, Rule 69 implications, legacy and current appeals complications, and delays in motions and settlements.
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CPTA 2020 ONTARIO VALUATION & LEGAL SYMPOSIUM February 24, 2020 ALEX PLETSCH ASSOCIATE WALKER LONGO & ASSOCIATES LLP
ADMINISTRATION ADVOCACY ARB s Focus to Reduce Appeals Over all Other Considerations Heavy Administrative Burden Expeditious Resolution of Appeals Rigidity of Application of the Rules Rules and Board Powers
EXPEDITIOUS RESOLUTION vs. REALITY Natural Justice and Procedural Fairness Forms for Every Matter Rule 69 Minutes of Settlement and Dismissal Legacy & Current Cycle Appeals Motions Hearings
RIGHT TO A FAIR HEARING Rule 4 Interpretation just, most expeditious and least expensive determination of every proceeding Natural Justice and Procedural Fairness Hearings Default Electronic
DROWNING IN FORMS Request to Dismiss Proceeding Settlement Conference Brief Template Combined Appeal Form Expedited Board Directions Form Expert Duty Form Notice of Mandatory Meeting to the ARB Special Property Form Special Property Program Guideline Notice of Motion Template Request for Review Request for Summons Form Withdrawal Form Motion to Request Disclosure
Rule 69 ALMOST CROSSED THE FINISH LINE Disproportionate Ramifications More Red Tape Reliance on Rule 70(a) Motions/response Waiting Time MPAC Internal Practice to Adhere to Timeline Losing Sight of Taxpayer s Rights No Express Authority to Dismiss Appeals
LEGACY AND CURRENT APPEALS - Causing more Headaches New Schedule of Events (January 2020) Lack of Proper Explanation Confusion of Date Paramountcy ARB Not Equipped to Handle Administration Either EBD Forms (again)
MOTIONS Late Minutes of Settlement Disclosure Long Response Time Production Motions Reinstatement of Appeals
HEARINGS THE LAST RESORT Hearing Month Electronic Hearing Hearing Management Plan
THANK YOU ALEX PLETSCH WALKER LONGO & ASSOCIATES