Good evening Kanata North neighbours,
I am reaching out today to provide an important update regarding the ClubLink file, both on the legal and planning fronts.
Legal Update:
The Superior Court has now completed its three–day hearing of the city’s application with respect to the Forty Percent Agreement.
The city sought a declaration from the Superior Court that the Forty Percent Agreement remains valid and enforceable.
In response to the city’s application, ClubLink argued that the provision of the Forty Percent Agreement, which requires ClubLink to offer to convey the golf course to the city in the event that it desires to discontinue operating a golf course, is void by operation of the “rule against perpetuities” as reflected in Ontario’s Perpetuities Act. ClubLink also argued that the Forty Percent Agreement was beyond the jurisdiction of the City of Kanata when it entered into the agreement in 1981 and challenged the process, which led to the execution of the agreement.
The city argued that the contractual rights contained in the Forty Percent Agreement are enforceable and not subject to the rule against perpetuities and that the City of Kanata was within its jurisdiction and followed appropriate process when it entered into the agreement. The city urged the court to hold ClubLink to the bargain that it made when it purchased the Kanata Golf and Country Club.
The Kanata Greenspace Protection Coalition also appeared as an intervenor. It supported the city’s position and also argued that the Forty Percent Agreement read together with subsequent agreements entered into by the City of Kanata created a restrictive covenant in favour of the Marchwood/Lakeside Community.
Justice Labrosse of the Superior Court did not issue a judgement. We can expect a written decision in the coming months.
I know this has been a frustrating and uncertain time for our community, but I am proud of our city for standing up for our neighbourhood and defending our precious greenspace in Kanata North. I will keep you updated as new information becomes available.
Planning Update
You may recall that in update #18 I shared with the community that experts from the city had provided 250 technical comments to ClubLink regarding their applications. These comments from city staff and technical agencies highlighted the many serious issues and deficiencies with the ClubLink applications.
Today I was informed that ClubLink has resubmitted their applications and responded to the comments provided by City Staff and technical agencies. This is the normal process that applications take, and city staff will be reviewing the new documentation and responses and will re-circulate to internal departments and externally to technical agencies for their review and comment. This means that this application will again be subject to technical review.
Currently, the application has not been processed by city staff. Once I receive more information and city staff have uploaded the new documentation on the city’s website, I will share these details with our community.
I know this is frustrating. I share your frustrations. However, together we will continue to fight to oppose this application.