The 40% Agreement falls at the Ontario Court of Appeal

January 21, 2025
Despite best efforts and compelling arguments presented by our legal team in support of the 40% Agreement, the Ontario Court of Appeal has ruled in favour of ClubLink.

The 40% Agreement falls at the Ontario Court of Appeal.

With heavy hearts we’re sending this newsletter today. Despite best efforts and compelling arguments presented by our legal team in support of the 40% Agreement, the Ontario Court of Appeal has ruled in favour of ClubLink.   You will find the decision on our website.   You can read a synopsis of our legal take here.

Today’s court decision essentially voided the 40% Agreement (40PA).    Thousands were counting on this 1981 City of Kanata contract to protect the 71 hectares of critical open greenspace while providing essential natural stormwater infrastructure to our community.  If unable to rely on the 40PA it inherited to protect the essential stormwater management (SWM) function of this property, the City of Ottawa must return to the drawing board for its Plan B.   And the KGPC must now look more broadly than the 40PA to assess all paths going forward.

We have already reached out for discussions with our elected representatives MP Jenna Sudds, MPP Karen McCrimmon and of course our City Councillor Cathy Curry.  Governments at all levels have a role to play in getting the right solution for this situation.

The Kanata Greenspace Protection Coalition (KGPC) Board will meet with our legal team in the coming days to understand the options as they see them and assess all paths forward.

The KGPC will convene another Town Hall meeting to bring you and your neighbours and our community together to listen and learn.  We will be looking for a date in February (certainly ahead of spring) and will be inviting all of Kanata’s elected representatives to join you.

We encourage you to stay focused on what should be important to you as we navigate the implications of this ruling.  Our community remains alive and well.  Stay supportive.

Let’s stay better together!

For now, take good care,

Barbara

Chair, Kanata Greenspace Protection Coalition
E – chair@ourkanatagreenspace.ca
C –  613.725.4345

 

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