As you are likely aware, our court date is fast approaching. I am looking forward to our days in court to have the judge consider our arguments and ensure that the Forty Percent Agreement is respected and upheld by ClubLink. This is a major step in the process to ensuring that ClubLink, Minto, and Richcraft do not proceed with developing the golf course lands.
In preparation for the court date next week, the City and ClubLink were both required to submit their full documentation to the court within this last week. The City has now received documents from ClubLink which set out its position with respect to the Forty Per Cent Agreement. Among other things, ClubLink argues that in 1981 the City of Kanata lacked the authority to enter into the Forty Percent Agreement and that the Agreement and its assignment to ClubLink are invalid.
Unfortunately, this position may have implications for the party who assigned the Forty Per Cent Agreement to ClubLink. At the time it was Genstar, then IMASCO, now ITL. This entity is not currently a party to the Court proceedings. This may result in some procedural issues which will have to be resolved. The City’s lawyers will be contacting the lawyers for the other parties in the proceedings today to discuss this further.
It is my hope that next week’s court dates remain as scheduled, however the procedural issues will need to be addressed in the short term. I appreciate that this is unsettling news and I will continue to provide updates as I have them.
Update: I have added the City’s and intervener’s reply documents that will be filled in the court by Monday. As always, I will continue to provide updates to our community as I have them. You can read the City’s documents here. You can read the intervener’s reply documents here.