I couldn’t be happier to share the best possible news with our community today! Justice Labrosse has ruled in our favour that the Forty Percent Agreement will be upheld. This is amazing news and a major milestone in our fight against ClubLink to protect our Kanata North greenspace.
Thank you to the city’s legal team for providing this summary of the 45-page decision we received from the Ontario Superior Court of Justice:
“In Reasons for Decision dated February 19, 2021, the court has found in favour of the applicant City of Ottawa (“City”) that the 1981 Agreement is valid and enforceable. It has determined that the respondent ClubLink Corporation ULC (“ClubLink”) has a contractual obligation not to redevelop the golf course lands without first offering the lands to the City.
ClubLink is not currently in breach of its contractual obligations, as it has not yet determined that it “…desires to discontinue the operation of the golf course…”. The contract does not prohibit ClubLink from pursing development applications in respect of the lands. Making an application under the Planning Act does not in and of itself foreclose continued operation of the golf club.
In the event of a reconveyance of the land by ClubLink to the City, the City would have to operate (or cause to be operated) a golf course for some undefined period of time. However, the City is not required to do so in perpetuity. It would be later available to the City to continue owning the golf course lands provided the lands were used more generally for recreation or natural environmental purposes.”
Thank you to everyone who got us here today! Mayor Jim Watson and my Council colleagues, city staff, my team, the Kanata Greenspace Protection Coalition and the hundreds of Kanata North residents who joined the fight against ClubLink – whether by putting up lawn signs, attending the many community meetings we held to discuss this application, joining me door knocking, or by providing questions, feedback and letters of concern. Your dedication and enthusiasm speak volumes and I cannot thank you enough!