EVoice 2018-17 — ARB Rules of Practice and Procedure

May 7, 2018

 

General Stream – 2017 Commencement Dates

We would like to remind our members that we are approaching some critical points in the new rules for the first batch of appeals that Commenced on November 15, 2017.

Up to this point, your municipality should have received copies of Initial Disclosure from MPAC in Weeks 1-4.  Further, you may have received motions and requests for additional disclosure during Weeks 5 through 9.

The next step during weeks 10 through 21 (i.e. by April 21st) you may have received the Statement of Issues from the appellant as long as you have not advised them that you are not participating.

The next steps are critical in terms of your ability to continue to be a part of the appeal:

  1. Weeks 22 to 24 (by May 2nd) – you must advise both parties if you wish an inspection of the property and if you wish any further disclosure.
  2. Weeks 25 to 29 (by June 6th) – a motion must be filed if your request is denied.
  3. Weeks 30 to 34 (by July 18th) – the inspection and additional disclosure must be completed.
  4. Weeks 35 to 46 (by October 3rd) – Important - you must provide your Response to the Statement of Issues. It is at this crucial point that, if you do not respond, you may be removed from the balance of the process completely, including the ability to attend any settlement or mediation events and to sign future Minutes of Settlement.  At this point, decisions can be issued by the ARB without the municipal signature or intervention.

It is essential that you have set up a calendar-type system to ensure you do not miss any critical steps and dates in the process. The Board has clearly indicated that they are not open to extending any dates other than in very exceptional cases. 

Keep in mind the deadlines for the second batch of appeals (Commencement date December 15) will be coming up quickly!