Does MPAC have the onus to prove that the Marriott Hotel was omitted from the Assessment?

Ontario, Canada


The following excerpt is from Bona Building & Management Company Limited v Municipal Property Assessment Corporation, 2015 ONSC 7824 (CanLII):

Further, s. 33 is meant to address specific situations that arise outside the usual assessment process and to correct specific errors: the omission of land under s. 33 (1) and incorrect taxable status under s. 33 (3). Toronto v. MCAP, at para 47. Issue 1: Does MPAC have the onus of showing that the Marriott was omitted from the Assessment through negligence, error, inadvertence or mistake?

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