Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 12, 2025
CASE NO.:
OLT-23-001216
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Pietrangelo Family
Respondent:
Regional Municipality of Niagara
Description:
Determination of compensation
Property Address
South side of Lyons Creek Road and the east side of Montrose Road, in the City of Niagara Falls
Municipality/UT:
City of Niagara Falls
OLT Case No.:
OLT-23-001216
OLT Lead Case No.:
OLT-23-001216
OLT Case Name:
Pietrangelo Family Vs. The Regional Municipality of Niagara
BEFORE:
BITA M. RAJAEE
Monday, the 20th
MEMBER
of January, 2025
UPON APPEAL having been brought pursuant to section 26(1) of the Expropriations Act by Lise Anita Pietrangelo Danecker, Danielle Pietrangelo, Victor Pietrangelo, Gina Louise Pietrangelo Marotta, Dean Michael Pietrangelo, and Victor Daniel Pietrangelo, the former owners of a vacant parcel of land located on the south side of Lyons Creek Road and the east side of Montrose Road, in the City of Niagara, against the Regional Municipality of Niagara resulting from an expropriation for the purpose of road and servicing improvements, which was registered on the Property on October 28, 2022;
AND THE TRIBUNAL noting no issues raised with the Tribunal-issued Notice of Case Management Conference (“CMC”);
AND THE TRIBUNAL confirming that the Parties had engaged in Tribunal-led mediation previously, and were aware that they could do so again, if needed, by reaching out to the Tribunal’s Case Coordinator in writing;
AND THE TRIBUNAL at the CMC having scheduled a ten-day Hearing to commence on January 12, 2026 by videoconference, with the following details:
Monday, January 12, 2026 to Friday, January 23, 2026 at 10 a.m.
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
Audio-Only Telephone Line: (647) 497-9373 or Toll Free 1-888-299-1889
Audio-Only access Code: 979-388-733
NOW THEREFORE,
THE TRIBUNAL ORDERS THAT:
1. The Procedural Order appended as Schedule 2 shall govern the conduct of this proceeding.
2. The Hearing is scheduled as detailed above.
3. This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
SCHEDULE 1
CMC Attendance List
Party Name
Counsel
Lise Anita Pietrangelo Danecker, Danielle Pietrangelo, Victor Pietrangelo, Gina Louise Pietrangelo Marotta, Dean Michael Pietrangelo, and Victor Daniel Pietrangelo
J. Patrick Maloney
Andrea Mannell
The Regional Municipality of Niagara
Guillaume Lavictoire
Jason Priest
SCHEDULE 2
ISSUE DATE: FEBRUARY 12, 2025 CASE NO.: OLT-23-001216
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended.
Claimants:
Lise Anita Pietrangelo Danecker, Danielle Pietrangelo, Victor Pietrangelo, Gina Louise Pietrangelo Marotta, Dean Michael Pietrangelo, and Victor Daniel Pietrangelo
Respondent:
The Regional Municipality of Niagara
Subject:
Determination of Compensation
Property Address/ Description:
Southeast Corner of Montrose Road & Lyons Creek Road, legally described as Part of Lot 15, Concession 7 Willoughby, City of Niagara Falls, Regional Municipality of Niagara, PIN 64260-0002
Municipality:
City of Niagara Falls, Regional Municipality of Niagara
OLT Case No.:
OLT-23-001216
OLT Case Name:
Pietrangelo Family v The Regional Municipality of Niagara
PROCEDURAL ORDER
1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
2. The video hearing will begin January 12, 2026 at 10:00 a.m. as directed by the Tribunal in the Decision issued following the Case Management Conference (CMC).
3. The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
4. The Parties and Counsel are set out in Attachment 1 to this Order,
5. The Procedural Timetable (“PT”) of pre-hearing steps is set out in Attachment 2 to this Order.
6. The issues are set out in the Issues List (“IL”) attached as Attachment 3 to this Order. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
7. The Order of Evidence (“OE”) will be as set out in Attachment 4 to this Order.
8. The Hearing Plan/Supplementary Order of Evidence (“SOE”) shall be provided on or before January 5, 2026 in accordance with paragraph 33. The SOE shall provide for opening statements and closing argument, if applicable, with time estimates for each, and shall name each witness to be called, the area of expertise for ach witness, if applicable, and the estimated duration for each direct, cross and re-direct examination. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
9. Parties, counsel and witnesses, are expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Pleadings
10. The Claimants, the Pietrangelo Family, served and filed a Notice of Arbitration and Statement of Claim on December 5, 2023.
11. The Respondent, The Regional Municipality of Niagara, served and filed its Reply on August 2, 2024.
Discovery
12. Affidavits of Documents (together with production briefs of the documents) shall be exchanged by March 14, 2025.
13. Examinations for Discoveries of the representative of each party shall be completed by May 9, 2026. Any appraisal reports to be relied upon pursuant to paragraph 22 below, shall be provided at least 15 days prior to the Examinations for Discovery, unless the Tribunal orders otherwise as provided in the Tribunal’s Rules of Practice and Procedure (“OLT Rule(s)”) 26.21.
14. All undertakings provided at the Examination for Discovery of the parties shall be answered by July 4, 2025.
15. Any motion(s) arising out of the Examinations for Discovery shall be filed in writing with the Tribunal on or before August 4, 2025, and shall be heard on a date and time to be determined by the Tribunal, if necessary. The OLT Rules apply in relation to any Motion(s) arising out of the discovery process.
16. Further answers to undertakings, questions taken under advisement, and/or refusals, further examinations for discovery, and/or further productions arising from a motion are to be answered, held, and/or provided within 30 days of the Tribunal’s decision on any discovery motion.
Mediation
17. The parties are directed pursuant to Rule 26.6 to confer to discuss participating in a mediation for the purpose of resolving all or part of the claim and the parties shall comply with the provisions of Rule 26.7.
18. The parties agree that, if participation in a mediation is agreed to by both parties, the parties are to file with the Registrar an Expropriation Mediation Request Form pursuant to Rule 26.5 on or before September 5, 2025.
19. If the parties agree to a mediation, the mediation shall take place on or before November 21, 2025.
Evidence
20. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called on or before August 15, 2025.
21. Expert witnesses in the same field shall have a meeting on or before October 10, 2025, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before November 7, 2025.
22. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 24 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. The expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified and a signed Acknowledgement of Expert’s Duty.
23. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 24 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 24 below.
24. On or before September 5, 2025, the parties shall provide copies of their respective expert witness reports and non-expert/lay witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 34 below and subject to paragraph 13 above.
25. Parties may provide to all other parties and the OLT case co-ordinator a written response or reply to any written evidence on or before October 31, 2025, and in accordance with paragraph 33 below.
26. Parties may request the leave of the Tribunal to provide written sur-reply to any written evidence, response or reply on or before November 10, 2025, and in accordance with paragraph 34 below. If a Party seeks to exclude any written evidence it must file a motion in writing seeking such relief by no later than November 10, 2025.
Requirements Prior to the Hearing
27. On or before November 13, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
28. On or before November 13, 2025, the parties shall provide the Tribunal with their preliminary hearing plan.
29. On or before January 2, 2026, the parties shall provide copies of their visual evidence to the other party in accordance with paragraph 31 below. If a model will be used, parties must have a reasonable opportunity to view it before the hearing.
30. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before January 5, 2026.
31. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
32. Any party choosing to exercise its right to serve a request to admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure incorporated by reference in Tribunal Rules 1.4 and 26.3 shall serve such request on the party opposite on or before December 12, 2025.
33. The parties shall prepare and file a hearing plan with the Tribunal on or before January 5, 2026, with the SOE containing a proposed schedule for the hearing that identifies, as a minimum, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
34. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
Adjournments
35. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
TRIBUNAL REGISTRAR
Attachment 1 – Identification of Parties and Counsel
Party
Party Status
Counsel / Representative
Lise Anita Pietrangelo Danecker, Danielle Pietrangelo, Victor Pietrangelo, Gina Louise Pietrangelo Marotta, Dean Michael Pietrangelo, and Victor Daniel Pietrangelo
Claimants
SULLIVAN MAHONEY LLP
Lawyers
40 Queen Street, P.O. Box 1360
St. Catharines, ON L2R 6Z2
J. Patrick Maloney (LSO No. 54063I)
Tel: 905-688-5403
Email: pmaloney@sullivanmahoney.com
Andrea Mannell (LSO No. 74682A)
Tel: 905-688-9410
Email: amannell@sullivanmahoney.com
The Regional Municipality of Niagara
Respondent
SCARGALL OWEN-KING LLP
17 Leader Lane
Toronto, ON M5E 1L8
Guillaume Lavictoire (LSO# 57173C)
Tel: 416-597-5407
Email: guillaume.lavictoire@sokllp.com
Jason Priest (LSO# 76857A)
Tel: 416-645-5224
Email: jason.priest@sokllp.com
Attachment 2 – Timetable
Exchange Affidavit of Documents
Friday, March 14, 2025
Examinations for Discovery
Friday, May 9, 2025
Appraisal Reports to be exchanged subject to direction of the Tribunal
At least 15 days prior to Examinations for Discovery
Undertakings to be Answered
Friday, July 4, 2025
Any motions arising from Examinations or Undertakings to be requested /scheduled
30 days from the deadline for answers to undertakings (August 4, 2025)
Any further undertakings to be answered following the motion
30 days from the date of determination of the discovery motion, if any
Exchange of Witness List
Friday, August 15, 2025
Expert Witness Statements / Reports / Lay Witness Statements
Friday, September 5, 2025
Exchange of Expert Reply Witness Statements / Reply Reports
Friday, October 31, 2025
Meeting(s) of Like Experts
Friday, October 10, 2025
Agreed Statement of Facts
Friday, November 7, 2025
Mediation
Scheduled on or before Friday, November 21, 2025
Request to Admit
Friday, December 12, 2025
Confirm whether all hearing dates still required
Thursday, November 13, 2025
Preliminary Hearing Plan
Thursday, November 13, 2025
Arrange for Court Reporter
Friday, December 5, 2026
Joint Document Book
Monday, January 5, 2026
Visual Evidence
Friday, January 2, 2026
Filing Hearing Plan with Tribunal
Monday, January 5, 2026
Documents to be used in cross-examination
To be provided on or before the first day of the hearing or in advance of the start of cross-examination
Hearing
Monday, January 12, 2026 to
Friday, January 23, 2026
Attachment 3 – Issues List
1. The issues are defined in the pleadings of the parties as filed with the Tribunal.
Attachment 4 – Order of Evidence
1. The order of presentation of evidence shall be:
a. case for the Claimant;
b. case for the Respondent; and,
c. reply by the Claimant.