The Band appealed a 2011 tax assessment to the Musqueam Indian Band Board of Review, contending
the true assessed value of the property should be its value as residential land.
Not exact matches
For owner - occupied residential
properties the
assessed value is equal to 10 %
of market
value (also called
true value).
In the initial judicial review hearing Justice Rooke concluded the applicable standard to review the Board's decision was correctness on the basis that the Board's determination that it could increase
assessed property value was a
true question
of jurisdiction — one
of the established exceptions to the presumption
of deference owed by a reviewing court to a statutory tribunal interpreting its home legislation (see Edmonton East (Capilano) Shopping Centres Limited v Edmonton (City), 2013 ABQB 526 (CanLII) at paras 18 - 31).
It was this «gross disparity» that led the Court to reject Webster County's contention that its assessment scheme was rationally related to its purpose
of assessing properties at
true current
value.
Assessed value is based on, but not equal to, the
true value of the
property.
It is important to note that the
assessed value of a
property often does not mirror the
true market
value.