Victor and Eduarda Amaral v. City of Toronto, 2026 CanLII 38547

ISSUE DATE: April 21, 2026 CASE NO.: OLT-25-000761

PROCEEDING COMMENCED UNDER subsection 26(2)(a) of the Expropriations Act, R.S.O. 1990, c. E.26.

Claimant: Victor and Eduarda Amaral Respondent: City of Toronto Subject: Determination of Compensation Description: Land Compensation Property Address: 50 Alma Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-25-000761 OLT Lead Case No: OLT-25-000761 OLT Case Name: Amaral v. Toronto (City)

BEFORE: VICE CHAIR WILLIAM R. MIDDLETON Tuesday, the 21st day of April, 2026

UPON a claim by Victor Amaral and Eduarda Amaral seeking compensation pursuant to section 26 of the Expropriations Act, R.S.O. 1990, c. E.26 as against the City of Toronto (collectively, “Parties”);

AND THE TRIBUNAL having conducted a case management conference in this proceeding on April 20, 2026 and having considered the Parties’ submissions on proposed dates for the hearing of this proceeding;

AND THE TRIBUNAL having received, discussed and considered draft Procedural Orders submitted by each of the Parties;

THE TRIBUNAL ORDERS THAT:

The hearing shall commence on May 31, 2027, and will now proceed for a total of nineteen days ending on June 25, 2027;
The Procedural Order appended as Attachment ‘A’ hereto shall govern this proceeding; and
This Vice Chair is seized of this proceeding for ongoing case management purposes but shall not be seized in respect of any mediation which may be convened or for the final hearing of this matter.

“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 ‘A’

Procedural Order

ISSUE DATE: APRIL 21, 2026 CASE NO(S).: OLT-25-000761

PROCEEDING COMMENCED UNDER subsection 26(2)(a) of the Expropriations Act, R.S.O. 1990, c. E.26.

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 video hearing will begin on May 31, 2027 at 10:00 a.m. for a period of nineteen (19) days and shall conclude on June 25, 2027:

AT: https://meet.goto.com/765093501

ACCESS CODE: 765-093-501

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 issues are set out in the Issues List attached as Attachment 1. 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 2 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.
The parties are identified in Attachment 3 to this Order. Attachment 4 is a summary of all timelines reflected in this Order.
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.
A party who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

Requirements Before the Hearing

Sworn affidavits of documents shall be exchanged by the Parties on or before June 15, 2026. Examinations for discovery shall be completed by the Parties on or before September 1, 2026. Any motions on preliminary matters and/or arising from oral or documentary discovery shall be filed in writing only by on or before October 15, 2026. Either Party may file a request for mediation at any time, but the Parties shall endeavour to consider and schedule a mediation by on or before December 1, 2026.
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 February 1, 2027.
Expert witnesses in the same field shall have a meeting on or before March 1, 2027, 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 March 30, 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. 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. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence.
On or before April 30, 2027, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator.
On or before May 4, 2027, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before May 4, 2027, the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received.
The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements/outlines, in PDF format bookmarked with hyperlinks to all items listed in any table of contents, which shall be filed with the OLT on or before May 4, 2027.
A person wishing to (a) change written evidence, including witness statements or (b) limit or exclude any written or oral evidence of any witness must make a written motion to the Tribunal by on or before May 4, 2027.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 8, 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.
All filings shall be submitted electronically unless otherwise directed. 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 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 – Issues List

As set out in the pleadings of the Parties in this proceeding

Attachment 2 – Order of Evidence

Claimant
Respondent
Claimant in Reply, if required

Attachment 3 – Parties and Counsel

Party: Victor and Eduarda Amaral Party Status: Claimants Counsel/Representative: BIANCHI, PRESTA LLP 9100 Jane Street Building “A”, 3rd Floor Vaughan, Ontario L4K 0A4 Domenic C. S. Presta Tel: (905) 738-1078 ext. 2223 dpresta@bianchipresta.com Matthew David Presta Tel: (905) 738-1078 ext. 2249 matthewp@bianchipresta.com

Party: City of Toronto Party Status: Respondent Counsel/Representative: CITY OF TORONTO Legal Services, 26th Floor, Metro Hall Stn. 1260, 55 John Street Toronto, ON M5V 3C6 Mark Piel Tel: 416-392-2124 mark.piel@toronto.ca Ebaadh Rizwani Tel: 647-456-6271 ebaadh.rizwani@toronto.ca

Attachment 4 – Summary of Timelines

Date: June 15, 2026 Event: Exchange of sworn affidavits of documents

Date: September 1, 2026 Event: Completion of examinations for discovery

Date: October 15, 2026 Event: Written motions filed on any preliminary matter or as arising from discovery

Date: December 1, 2026 Event: Mediation requests filed

Date: February 1, 2027 Event: Witness Lists

Date: March 1, 2027 Event: Expert’s meeting to use best efforts to try and resolve or reduce the issues

Date: March 30, 2027 Event: Prepare and file Statement of Agreed Facts and Issues with OLT

Date: April 30, 2027 Event: Exchange witness statements, expert reports

Date: May 4, 2027 Event: Confirm with Tribunal if all reserved hearing dates are still required; Motion to limit or exclude or change evidence

Date: May 4, 2027 Event: Provide copies of visual evidence to all parties

Date: May 4, 2027 Event: File joint document book and joint compendium of witness statements (bookmarked in PDF with hyperlinks to all items listed in any table of contents)

Date: May 8, 2027 Event: Prepare and file hearing plan

Date: May 31, 2027 Event: Hearing commences by videoconference