Sunshine Valley Developments Ltd. v. Assessor of Area #16 - Chilliwack, (1991) 2 B.C.A.C. 30 (CA)

• Judge: Lambert, Wallace and Hinds, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 27, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 2 B.C.A.C. 30 (CA)

Sunshine Valley Dev. Ltd. v. Assessor (1991), 2 B.C.A.C. 30 (CA);

    5 W.A.C. 30

MLB headnote and full text

Sunshine Valley Developments Ltd. (appellant) v. Assessor of Area #16 - Chilliwack (respondent)

(No. CA011738)

Indexed As: Sunshine Valley Developments Ltd. v. Assessor of Area #16 - Chilliwack

British Columbia Court of Appeal

Lambert, Wallace and Hinds, JJ.A.

June 26, 1991.

Summary:

A property owner appealed an assessment of unsold subdivision lots. The Assessment Appeal Board assessed the value of the lots without applying a "market absorption deferment factor". The property owner appealed by way of stated case.

The British Columbia Supreme Court dismissed the appeal. The property owner appealed again.

The British Columbia Court of Appeal dismissed the appeal.

Real Property Tax - Topic 3507

Valuation - General principles - Market absorption deferment factor - The British Columbia Court of Appeal discussed when a "market absorption deferment factor" should be applied in valuing property for tax purposes - See paragraph 20.

Real Property Tax - Topic 3507

Valuation - General principles - Market absorption deferment factor - [ See Real Property Tax - Topic 5104 ].

Real Property Tax - Topic 3508

Valuation - General principles - Considerations in determining actual value - The British Columbia Court of Appeal stated that "special factors affecting a particular owner should not be taken into account in arriving at actual value" - See paragraph 16.

Real Property Tax - Topic 3508

Valuation - General principles - Considerations in determining actual value - The British Columbia Court of Appeal stated that "the proper approach to the determination of actual value contemplates a willing buyer and a willing seller in an orderly market place where the price paid might be expected to rise and fall in a way that would reflect the balance between supply and demand" - See paragraph 17.

Real Property Tax - Topic 5104

Valuation - Land - Unsold subdivision lots - The B.C. Assessment Appeal Board valued 61 unsold subdivision lots based on comparable sales, without applying a market absorption deferment factor - The British Columbia Court of Appeal held that the refusal to apply the market absorption deferment factor did not constitute an error of law.

Cases Noticed:

Sun Life Assurance Co. of Canada v. Montreal, [1950] S.C.R. 220, affd. [1952] 2 D.L.R. 81 (J.C.P.C.), refd to. [para. 16].

Vancouver Assessor v. Bramalea (1991), 52 B.C.L.R.(2d) 218, refd to. [para. 17].

Lewis v. Todd, [1980] 2 S.C.R. 694; 34 N.R. 1, refd to. [para. 27].

Counsel:

P.D. Feldberg, for the appellant;

   G.P. Holeksa, for the respondent.

This appeal was heard on March 27, 1991, in Vancouver, B.C., before Lambert, Wallace and Hinds, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered by Lambert, J.A., on June 26, 1991.