REAL PROPERTY TAX - Exemptions

Law360 Canada (July 19, 2022, 6:33 AM EDT) -- Appeal by the Assessor from the order answering the two questions of the Property Assessment Appeal Board (“Board”) on grounds that the judge erred in his answers to both questions. The first question asked whether the property was vested in or held by the City within the meaning of s. 220(1)(b) of the Community Charter. The second question asked whether it was the physical land that the exemption applied to, or interests in the land. In the event “property” referred to the physical land, satisfaction of the criteria for exemption from taxation would appear to leave nothing in the hands of the corporation to assess and tax. On the other hand, if “property” referred to interests in the land, satisfaction of the criteria for exemption may leave interests in the hands of the corporation open to assessment and taxation. Justice Skolrood answered yes to question 1, concluding the City’s interest in property required to attract the exemption was something less than fee simple, and the interest the City held here under the Agreement for Sale was sufficient for the exemption to apply. He answered no to question 2 on the basis that the s. 220(1)(b) exemption attached to the property, meaning once the property was exempt by virtue of the City’s interest, it was also exempt for purposes of the corporation’s interest....
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