IN THE MATTER OF AN APPEAL PURSUANT TO S. 50 OF THE ASSESSMENT ACT

 

CONCERNING:

 

 

Warish Singh

 

APPELLANT

 

AND

 

 

Assessor Of Area #14 - Surrey/White Rock

 

RESPONDENT

 

Appeal No.:	2010-14-00004
Refer to as:	Singh v. Area 14 (2010 PAABBC 20100233)
Date of Decision:	April 28, 2010
Property:	14-36-326-1288-98232-X City of Surrey
Heard:	By Written Submissions, received April 9, 2010
Board Panel:	Cheryl Vickers, Panel Chair

 

 

[1] The Appellant seeks leave to appeal the 2010 assessment of property located at 108 – 153388 101 Avenue in Surrey to the Board.  A complaint respecting the 2010 assessment of this property was not filed to the Property Assessment Review Panel.  The Board may grant leave to appeal if the Board is satisfied that the owner’s failure to file a complaint to the Property Assessment Review Panel was due to circumstances beyond the owner’s control.

 

[2] The owner’s evidence is that he contacted BC Assessment in mid January 2010 upon receiving Notices of Assessment for three properties.  He expressed the view that the market had “crashed” and the assessments of all three properties should be adjusted.  The person he spoke with at BC Assessment apparently agreed to consider a reduction to the assessed value of two of the properties but was not agreeable to considering an adjustment to the subject.  The owner submits he “had no other option left.”

 

[3] The owner’s remedy in the circumstances was to file a complaint to the Property Assessment Review Panel.  He did not.  He has provided no evidence of circumstances beyond his control that prevented him from filing a complaint to the Review Panel as required.  The Notice of Assessment has clear advice to file a Notice of Complaint “if you disagree with your property assessment” and provides a clear indication of the deadline for filing a complaint.  In this case, the owner disagreed with the assessment, he contacted BC Assessment and was advised they would not consider adjusting the assessment.  If he continued to disagree with BC Assessment’s position with respect to the assessment, he should have filed a notice of complaint. 

 

[4] I am not satisfied that there were circumstances beyond the owner’s control that prevented him from filing a complaint to the Review Panel with respect to the 2010 assessment of the property as required by the Assessment Act.  I deny leave to appeal.

 

ORDER

 

[5] The Board does not have jurisdiction to hear this appeal.