Edmonton

City of Edmonton wins fight at Supreme Court to raise Capilano Mall's property taxes

The Supreme Court of Canada ruled Friday the City of Edmonton can raise the property taxes of Capilano Mall.

Supreme Court sides with city against Capilano Mall in tax case

The Supreme Court of Canada has ruled the City of Edmonton can raise the Capilano Mall's property taxes. (Sean Kilpatrick/Canadian Press)

The Supreme Court of Canada ruled Friday the City of Edmonton can raise the property taxes of Capilano Mall.

In 2011, the mall filed a complaint with Alberta's Assessment Review Board, seeking to reduce the city's assessment of its property value to $22 million, from $31 million, which it argued was above market value.

But when a new city assessor took another look at the file while it was before the Assessment Review Board, it was valued at $41 million — $10 million higher than the assessment the mall had initially complained about.

"It's quite a big shift in what they had expected," said Rod Risling, the city's manager of assessment and taxation.

The mall took the case to Court of Queen's Bench and to the Court of Appeal, which ruled that the Assessment Review Board should not have upped the property value based on new information.

The city then took the fight to the Supreme Court, which ruled Friday "the appeal should be allowed, the decision of the Court of Appeal set aside and the board's decision reinstated." 

"We are just very pleased that the Supreme Court is interested in ensuring all property owners pay their fair share," Risling said.

He said he thinks if the mall hadn't filed the initial complaint, the city might not have reassessed the value.

"Thankfully the property was filed as a complaint by their tax agent and ultimately the error was found," said Risling, adding that the increase puts Capilano on par with similar malls in the city.

Corrections

  • An earlier version of this story incorrectly said the City of Edmonton had lost its appeal at the Supreme Court. The story has been updated to reflect the correct information.
    Nov 04, 2016 12:31 PM MT

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