Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 11, 2026 CASE NO.: OLT-25-000727
PROCEEDING COMMENCED UNDER subsection 26 (1) of the *Expropriations Act*, R.S.O. 1990, c. E.26, as amended
Claimant: Frank Pirritano Respondent: Ministry of Transportation Description: Determination of compensation Property Address: 2226 Line 8 Municipality/UT: Bradford / Simcoe OLT Case No.: OLT-25-000727 OLT Lead Case No.: OLT-25-000727 OLT Case Name: Pirritano v. Transportation (Ministry)
BEFORE: WILLIAM R. MIDDLETON VICE-CHAIR
Wednesday, the 11th day of March, 2026
THIS PROCEEDING commenced by Frank Pirritano (“Claimant”) against the Ministry of Transportation (“MTO”) for compensation under subsection 26 (1) of the *Expropriations Act*, R.S.O. 1990, c. E.26, as amended arising from the expropriation by MTO relating to the property municipally known as 2226 Line 8 in the City of Bradford, Ontario owned by the Claimant;
AND THE PARTIES having advised the Tribunal that they have agreed to a hearing date and having proposed a Procedural Order for the consideration of the Tribunal;
THE TRIBUNAL ORDERS THAT:
The Procedural Order attached hereto as Schedule “A”, shall govern the future conduct of this proceeding;
This Vice Chair shall remain seized of this proceeding for case management purposes including all motion practice but shall not be seized in respect of the final hearing of this matter or for any mediation that may be convened
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN 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 “A”
ISSUE DATE: March 11, 2026 CASE NO(S).: OLT-25-000727
PROCEEDING COMMENCED UNDER: Subsection 26(1) of the *Expropriations Act*, R.S.O. 1990, c. E.26, as amended.
Applicant(s)/Appellant(s): Frank Pirritano Respondent: Ministry of Transportation Subject: Determination of compensation Property Address/Description: 2226 Line 8 Municipality/UT: Bradford/Simcoe OLT Case No.: OLT-25-000727 OLT File No.: OLT-25-000727 OLT Case Name: Frank Pirritano v. Transportation (Ministry)
PROCEDURAL ORDER
- 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
- The in-person hearing will begin on February 10, 2027, at 10:00 a.m as follows:
GoTo Meeting: https://meet.goto.com/370987861 Access code: 370-987-861
The parties’ initial estimation for the length of the hearing is eight (8) 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.
The parties and participants identified at the case management conference are set out in Attachment 1.
The procedural timetable of pre-hearing steps is set out in Attachment 2 to this Order.
The issues are set out in the Issues List attached as Attachment 3. 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.
The order of evidence shall be as set out in Attachment 4 to this Order. 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.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
The Claimant, Frank Pirritano, served and filed a Statement of Claim on September 24, 2025.
Ministry of Transportation served and filed a Reply on or about February 9, 2026.
The parties shall serve their Affidavit of Documents and Productions by March 30, 2026.
Appraisal reports and any other expert reports to be relied upon by either party shall be served by May 15, 2026.
The parties shall exchange and file with the Tribunal their mediation brief no later than May 22, 2026.
The parties shall attend at mediation no later than May 29, 2026 with their experts, or on a date otherwise scheduled by the Tribunal’s mediation group.
Examinations for Discovery of the representative of each party shall be completed on or before June 5, 2026. The parties' consent to conducting examinations for discovery by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery July 15, 2026.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be brought in writing only, on or before July 31, 2026, pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, or as the Tribunal may direct.
Further answers to undertaking, 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 thirty (30) days of the Tribunal’s Decision on any discovery motion brought in accordance with paragraph 18, or as otherwise ordered by the Tribunal.
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. This list must be delivered on or before September 4, 2026, and in accordance with paragraph 33 below. A party who intends to call an 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.
The parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before January 20, 2027.
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.
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.
On or before October 2, 2026, the parties shall provide copies of their witness statements and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 33 below.
Parties may provide to all other parties, and the OLT case co-ordinator, a written response to any written evidence on or before October 30, 2026, and in accordance with paragraph 33 below. Any party seeking to limit or exclude any written or oral evidence must bring a written motion for that relief by on or before December 1, 2026.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
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 seven (7) days before the hearing that the written evidence is not part of their record.
On or before January 20, 2027, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements, bookmarked in PDF format with hyperlinks to all items listed in any table of contents, which shall be delivered to the OLT case co-ordinator, in both electronic and hard copy, on or before January 20, 2027.
On or before January 20, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 33 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before January 20, 2027 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, 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.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, on or before the first day of the hearing or in advance of the start of the cross-examination of any witness at the hearing.
All filings shall be submitted electronically, unless otherwise directed by the Tribunal. 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.
No adjournments of the hearing shall be granted by the Tribunal except by Order made pursuant to a written motion brought under the Tribunal’s Rule 17.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN 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.
Attachment 1
| Party | Party Status | Counsel / Representative |
|---|---|---|
| Frank Pirritano | Claimant | BISCEGLIA & ASSOCIATES Professional Corporation 9100 Jane Street Building “A”, Suite 200 Vaughan, Ontario L4K 0A4 Emilio Bisceglia (LSO# 34568Q) T: 905.695.5200 ebisceglia@lawtoronto.com |
| Ministry of Transportation | Respondent | MINISTRY OF THE ATTORNEY GENERAL Crown Law Office – Civil 720 Bay Street, 8th Floor Toronto, Ontario M7A 2S9 Christopher P. Thompson (LSO #46117E) T: 416.605.3857 Christopher.p.thompson@ontario.ca |
Attachment 2
OLT File No.: OLT-25-000727
ONTARIO LAND TRIBUNAL
IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E-26, as amended
AND IN THE MATTER OF AN ARBITRATION
B E T W E E N:
FRANK PIRRITANO Claimant
- and -
MINISTRY OF TRANSPORTATION Respondent
TIMETABLE
| Task | Deliverable By |
|---|---|
| Notice of Arbitration and Statement of Claim | September 24, 2025 |
| Reply | February 9, 2026 |
| Parties’ Affidavit of Documents | March 30, 2026 |
| Appraisal reports and any other expert reports to be served | May 15, 2026 |
| Exchange of mediation briefs | May 22, 2026 |
| Mediation (with meeting of experts) | May 29, 2026 or as otherwise scheduled by the Tribunal |
| Examinations for Discovery | June 5, 2026 |
| Undertakings to be Answered | July 15, 2026 |
| Any motions, in writing, arising from Examinations or Undertakings to be filed | July 31, 2026 |
| Any further undertakings to be answered following the motion | within 30 days of receipt of Tribunal’s Order |
| Exchange of Witness List | September 4, 2026 |
| Exchange of Expert Reply Witness Statements / Reply Reports | September 30, 2026 |
| Exchange of Witness Statements, and Expert Witness Statements if necessary Motion to limit or exclude evidence |
October 2, 2026 December 1, 2026 |
| Agreed Statement of Facts | January 20, 2027 |
| Request to Admit | in accordance with the Rules of Civil Procedure |
| Confirm whether all hearing dates still required | January 20, 2027 |
| Joint Document Book and Joint Compendium of Witness Statements | January 20, 2027 |
| Visual Evidence | January 20, 2027 |
| Preparation of Hearing Plan | January 20, 2027 |
| MTO to Arrange for Court Reporter | seven (7) business days before hearing |
| 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 | February 10, 2027 |
Attachment 3
OLT File No.: OLT-25-000727
ONTARIO LAND TRIBUNAL
IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E-26, as amended
AND IN THE MATTER OF AN ARBITRATION
B E T W E E N:
FRANK PIRRITANO Claimant
- and –
MINISTRY OF TRANSPORTATION Respondent
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties. a. Notice of Arbitration and Statement of Claim; and b. Reply.
Attachment 4
OLT File No.: OLT-25-000727
ONTARIO LAND TRIBUNAL
IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E-26, as amended
AND IN THE MATTER OF AN ARBITRATION
B E T W E E N:
FRANK PIRRITANO Claimant
- and -
MINISTRY OF TRANSPORTATION Respondent
ORDER OF EVIDENCE
- Claimant evidence in-chief
- Claimant evidence in cross-examination
- Respondent evidence in-chief
- Respondent evidence in cross-examination
- Claimant evidence in Reply, if necessary