Golf Course update #12

Today marks a major milestone in our collective effort to stop ClubLink from pursuing development of the Kanata Golf and Country Club.  I am very happy to share that the city is demonstrating its continued commitment to our community. Earlier today, the city sent a notice of application to the court for issuance.  In its application, the city is seeking an order for specific performance of ClubLink’s contractual obligations.  Among other things, the city is asking the court to order that ClubLink must either withdraw its applications under the Planning Act or offer to convey the golf course lands to the city at no cost.  The city is seeking an expedited hearing of the application.  You can read the un-issued notice of application here.

This is the start of a legal process that we expect will be vigorously defended by ClubLink.  However, I will continue to work with my colleagues, city staff, and the legal team throughout the process and I will continue to provide updates as I have them.

This legal action would not have been possible without the support and the continued advocacy of our community and the support from my colleagues. When ClubLink first announced its intentions last December, the community sent countless emails to myself and Mayor Jim Watson asking for legal action to be taken.  I am thrilled the City has followed through on this action.  Your voice matters, your voice helped make this happen, and you should continue to use your voice to advocate for this development to not move forward. I hope you will join me on October 28th at the Brookstreet hotel from 7 to 9pm, you can find more information here.

Key Facts:

  • Earlier today the city asked the court to issue the city’s notice of application against ClubLink, seeking specific performance of the forty percent agreement.
  • The City is asking the court for an order that ClubLink must either discontinue its planning applications or offer to convey the golf course lands to the city at no cost.
  • This legal action would not have been possible without the support and the continued advocacy of our community and the support from my colleagues
  • Your voice matters, your voice helped make this happen, and you should continue to use your voice to advocate for this development to not move forward. Join me on October 28th at the Community meeting on this topic. More info: https://kanatanorth.ca/event/golf-course-community-meeting/

FAQ’s:

  • What steps is the city taking to protect the community’s interests?

Many.

From a legal perspective, the city has been very proactive and quick to seek court action to protect both the city’s and the community’s rights.  I have full confidence that it will continue to give this the attention it needs with the guidance of outside legal counsel, engaged to represent us in this action.

The city’s position is that ClubLink’s applications under the Planning Act serve as notice that it desires to discontinue the operation of the golf course.  Under the forty percent agreement, ClubLink is obliged to offer to convey the lands to the city at no cost.  ClubLink has breached its contractual obligations by failing to do so.  The city will stand up for the community by taking legal action.

From a Planning perspective, tremendous resources are being dedicated to this file ensuring that the best minds and most experienced staff are working on this.  Outside expertise as needed will also be engaged.

  • What is the expected timeline for legal proceedings?

The legal team has asked for an expedited hearing date due to the urgent nature of having this dealt with prior to the 120 days lapse for the Planning application review (deadline under the Planning Act).  The city has asked the court for a hearing date by December 13, 2019.

  • What happens if we don’t get a Court ruling within the 120 day timeline to accept or deny the applications (as per Planning Act timelines)?

Every effort is being made to seek a ruling prior to the 120 day timeline.  However, should that not be achievable, the legal team will evaluate what steps can be taken in either or both of the court process and the Planning Act process.

  • What happens if the Judge rules in our favour? What do we think next steps would be?

If the Judge grants the relief sought by the city, ClubLink will have 21 days to either withdraw its applications under the Planning Act or to offer to convey the lands to the city.

  • What happens if the Judge does not rule in our favour? What would the next steps be?

Our legal team will advise the city of possible next steps should the judge not rule in our favour. The city would have the right to appeal any decision, as would ClubLink.