ClubLink Update: Appeal Court Decision

I am disappointed to share that the Ontario Court of Appeal decision has been released today and sadly, the court has ruled in favour of ClubLink. This appeal was heard virtually on June 17 by the Ontario Appeal Court after ClubLink served the city with an appeal against Justice Labrosse’s decision, who had ruled – on February 19 of this year – that the Forty Percent Agreement is valid and is to be upheld. How frustrating that we are here now!

Read the Ontario Court of Appeal ruling.

Here are some important details that need to be understood as we go forward:

  • In early July, MP Jenna Sudds met with MPP Merrilee Fullerton and Mayor Jim Watson to discuss the possibility of asking Minister Clark to intercede by issuing a Ministerial Zoning Order (MZO). At the time, it was agreed that the smartest move was to wait for the Appeal Court decision. Now that this outcome is not in our favour, I will circle back with all parties to ensure we explore all possible options and recourse.
  • ClubLink appealed to the Ontario Land Tribunal for the lack of timely decision on their application. This is scheduled to be heard by the tribunal starting on Monday, January 17, 2022.

As well, I’d like to remind you of the progress made to date. You, as a community, have fought hard since December 14, 2018, when ClubLink announced their intention to pursue options for the development of the Kanata Golf & Country Club lands:

  • January 2019: The community quickly rallied in opposition to any development of the golf course and stood firmly in the belief that the Forty Percent Agreement must be upheld.
  • October 8, 2019: The City of Ottawa received planning applications on behalf of ClubLink to develop the lands at 7000 Campeau Drive.
  • November 25, 2019: A public meeting was held in Kanata North to discuss the ClubLink application with residents. Over 700 residents attended.
  • January 20, 2020: The City of Ottawa cancelled the second public meeting in Kanata North after ClubLink communicated that their representatives would not participate in this meeting.
  • March 6, 2020: ClubLink filed an appeal to the Local Planning Tribunal (LPAT).
  • July 13-15, 2020: Virtual Court proceedings occurred via the Ontario Supreme Court to hear the Forty Percent case.
  • July 16, 2020: The City of Ottawa received the second submission regarding the Plan of Subdivision and Zoning By-law Amendment applications. This submission was in response to the comments provided to the applicant in December 2019.
  • November 16, 2020: City of Ottawa Planning staff issued a report and recommended refusal of ClubLink application to develop the Kanata Golf & Country Club. The City of Ottawa Planning Committee supported the staff position and refused the application.
  • December 9, 2020: City of Ottawa Council unanimously voted to support the City of Ottawa staff refusal of ClubLink’s applications.
  • February 9, 2021: Ontario Supreme Court decision was rendered by Justice Labrosse. The Court ruled in favour that the Forty Percent Agreement was valid and was to be upheld.
  • March 5, 2021: ClubLink served the City of Ottawa with an appeal against Justice Labrosse’s decision in the ClubLink matter.
  • June 17, 2021: The Ontario Court of Appeal heard ClubLink’s submitted appeal during a virtual expedited hearing.
  • June 17, 2021: ClubLink resubmitted their development application to the City of Ottawa, at the same time as the court proceedings were occurring.

Again, I would like to emphasize that you have my full support, Kanata North, in fighting this development. In conversations with Mayor Watson today, know that he has committed as well to doing all that he can to support our community as we go forward together to protect our Kanata North greenspace. This is critically important to our community. Please know, I will share any updates as soon as I receive them. I share your frustration and disappointment today.

Sincerely,
Cathy Curry