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Property Assessment and Taxation

Farris litigators Ludmila B. Herbst, Q.C. and Nav Shukla have acted on a variety of property assessment and taxation matters.  They have been counsel on cases before the Property Assessment Appeal Board and the Musqueam Indian Band Board of Review, as well as on appeals (stated cases) before the courts, including before the Supreme Court of Canada.  They also present and write regularly on matters related to property assessment and taxation, as well as advising on property transfer tax-related matters.  Ludmila was formerly on the executive of the Canadian Property Tax Association.

Property assessment and taxation cases in which either or both of Ludmila and Nav have been involved include:

  • Musqueam Indian Band v. Musqueam Indian Band (Board of Review), 2016 SCC 36 (valuation in relation to restricted use of property on Musqueam Indian Reserve)
  • Amacon Group et al v. Area 09, 2016 PAABBC 20160202 (procedural issues at Property Assessment Appeal Board)
  • British Columbia (Assessor of Area #09 – Vancouver Sea to Sky) v. Amacon Group, 2016 BCSC 146 (classification under s. 1(1)(c) of the Prescribed Classes of Property Regulation)
  • Fairborne Panorama Homes Ltd. v. Area 14, 2016 PAABBC 20160014 (classification of development land)
  • Musqueam Indian Band Board of Review v. Musqueam Indian Band, 2015 BCCA 158 (valuation in relation to restricted use of property on Musqueam Indian Reserve)
  • Transportation Investment Corporation, et al. v. Area 14 et al., 2015 PAABBC 20150019 (who qualifies as an occupier)
  • Parklane Auto & RV Sales Ltd. v. British Columbia (Assessor of Area No. 19 - Kelowna), 2015 BCSC 1482 (procedural fairness issues)
  • 0710223 BC Ltd. et al v. Area 09, 2014 PAABBC 20140014 (September 25, 2014) (classification under s. 1(1)(c) of the Prescribed Classes of Property Regulation)
  • Musqueam Indian Band Board of Review v. Musqueam Indian Band, 2013 BCSC 2214 (costs on stated case)
  • Musqueam Indian Band Board of Review v. Musqueam Indian Band, 2013 BCSC 1362 (valuation in relation to restricted use of property on Musqueam Indian Reserve)
  • British Columbia (Assessor of Area #15 – Fraser Valley) v. Conair Group Inc., 2013 BCSC 111 (stated case regarding obsolescence issues)
  • Transalta Corporation et al. v Area 08, 2011 PAABBC 20100449 (August 15, 2011) (valuation in relation to penstock)
  • Transalta Corporation et al. v. Area 08, 2011 PAABBC 20101905 (January 11, 2011) (valuation in relation to penstock)

Their presentations and publications related to property assessment and taxation include:

  • Co-presenters, “Classification”, CLE Conference – Real Property Assessment and Taxation (May 5, 2017)
  • Co-Presenter, Urban Development Institute, “Property Tax Case Law Review & Tax Strategies” (October 14, 2015)
  • Co-author, “More Than Tax: The Use of Notices of Assessment”, Canadian Property Tax Association Communication Update, Volume No. 34, Issue May/June 2014 at pp. 3-4
  • Co-presenter, “Exemptions”, CLE Conference – Real Property Assessment and Taxation (November 7, 2013)
  • Author, “Costs Awards at the BC Property Assessment Appeal Board”, Canadian Property Tax Association Communication Update, Volume No. 33, Issue May/June 2013 at pp. 6-7
  • Author, “Amendment to First Nations Tax Exemption”, Canadian Property Tax Association Communication Update, Volume No. 32, Issue May/June 2012 at pp. 5-6
  • Author, “Written Hearings Before BC’s Property Assessment Appeal Board”, Canadian Property Tax Association Communication Update, Volume No. 31, Issue January/February 2011 at pp. 4-5
  • Author, “Property Tax Exemptions: Non-Profit Housing Societies”, Canadian Property Tax Association Communication Update, Volume No. 30, Issue May/June 2010 at pp. 4-5
  • Co-author, “Mixed Success on Challenges to Municipal Property Tax Rate Bylaws”, Canadian Property Tax Association Communication Update, Volume No. 30, Issue January/February 2010 at pp. 3-4
  • Presenter at various Canadian Property Tax Association seminars

Our Lawyers

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Ludmila B. Herbst, Q.C. Partner lherbst@farris.com 604 661 1722
Nav Shukla Associate nshukla@farris.com 604 661 9339