As I shared in my last update, ClubLink recently advised the City of their Notice to Appeal Justice Labrosse’s decision in the ClubLink matter to the Ontario Court of Appeal. A copy of their Notice of Appeal is available here and includes their grounds for appeal, none of which the City believes to be true. I know this has sparked a lot of concern and worry in our community.
- ClubLink has 30 days to file their supporting materials, and then the City will also have 30 days to file their response with the Ontario Court of Appeal.
- ClubLink has asked the City if they would agree to seeking an expedited hearing date. The City’s Legal team has considered this request and believes it’s in the best interest of our community to agree to seeking an expedited hearing date.
- The Court has granted an expedited hearing, which will occur on June 17 via videoconference. I will provide a link closer to the date.
Other Key Points
- As I’ve shared previously, there are currently two tracks of action underway with respect to ClubLink’s applications to develop the golf course lands. The development applications were refused by Planning Committee and Council in December 2020. ClubLink has appealed this planning matter to the Local Planning Appeals Tribunal.
- A date of January 2022 has been set with LPAT to hear the appeal on the Planning matters.
- In defending the Forty Percent Agreement to date, the City has incurred legal costs of approximately $350,000. The City is seeking to have a significant portion of these costs covered by ClubLink and is entitled to do so given the ruling is in our favour.
- Ontario Superior Court rules in our favour, with Justice Labrosse’s decision released on February 19, 2021.
- ClubLink informs the City of Notice to Appeal decision – March 5th, 2021.
- ClubLink has 30 days to file its supporting materials. It is expected April 7th, 2021.
- It is expected the City will file its supporting materials by May 14th.
- The expedited hearing will take place on June 17 via videoconference.
- City will make the decision on whether to ask for a stay of LPAT hearing dates.
I will continue to provide updates as I have them. I appreciate our community’s ongoing commitment to oppose this development, and I truly believe that we will prevail. The Ontario Superior Court decision was a solid decision, and I trust that the Appeals Court will uphold it.