QUALIFICATION FOR VALUATION EXPERTS Osgoode â€“ IPTI Certificate in Expert Evidence in Valuation Disputes Moderator: Ken West, LL.M. Panel: Jack Walker, Q.C. and Christian Schulze, Q.C. October 31, 2011 Osgoode P.D., Toronto, ON
Why do we Require an Expert Witness at the ARB? • Jurisprudence establishes expertise of ARB as “expert in valuation of real estates and property taxes” • Does the expert panel require an expert witness to inform the panel of the conclusion that it is mandated to reach • Issue: Question of whether Board acting in an Administrative or Judicial capacity. If latter then Board requires evidence upon which to base its Decision. Marathon Realty v. RAC #7  O.J. No. 1090
What is the area of expertise required by the Board through experts •
Classification Niagara River Coalition v. Niagara on the Lake (2010) O.N.C.A. 173
Similar lands in the vicinity
Municipal taxes Toth Equity v. City of Ottawa (2011) O.N.C.A. 372, paragraph 41 “The Assessment Review Board is a specialized tribunal with expertise and experience in dealing with property tax and assessment matters.”
Qualification of the expert by the Board •
Voire dire process MPAC v. Clublink (2010) 64 O.M.B.R. 225
Regina and Mohan Four Principles: 1) Relevance 2) Necessity 3) Not excluded for another reason, eg. Bias 4) Qualification as an expert
Importance in articulating the specific opinion sought from the expert
Once qualified, can he or she be disqualified?
What happens when the expert witness gives evidence outside the area of his or her expertise
Practical matters affecting the expert witness • Significance of the certificate required under Form 53 of the Rules of Practice Simcoe Residence Corp v. MPAC and City of Toronto (2010) O.N.C.A. 173 • Impact of the expert witness being an employee of one of the parties • Significance of the fee arrangement with the expert witness
Published on Mar 7, 2012
QUALIFICATION FOR VALUATION EXPERTS Osgoode – IPTI Certificate in Expert Evidence in Valuation Disputes Moderator: Ken West, LL.M. Panel: Ja...