40% Agreement Hearing is on Hold

This morning, our lawyers received a request from ClubLink’s counsel for an adjournment, due to the sudden death of a very close friend of ClubLink’s lead counsel.  The hearing was scheduled for Wednesday to Friday this week.  The City of Ottawa consented to the request and we instructed our counsel to do the same.

The Kanata Greenspace Protection Coalition is disappointed to learn that the virtual hearing to defend the 40% Agreement will be delayed again. 

Our lawyers are awaiting a teleconference with Justice Labrosse to have the hearing rescheduled as soon as possible. While we recognize this is frustrating for the thousands of Kanata North community members whose homes are near the green and open space that ClubLink, Richcraft Homes and Minto Communities plan to destroy, we assure them we will be ready when the hearing is able to proceed.  Meantime, we will continue to fundraise with our first-ever Pop-Up T-Shirt Shop.

What: T-Shirt Pop-Up Shop Fundraiser

 When: Tuesday, July 7, 6-8pm

 Where: Outside at Campeau Drive and Great Lakes Avenue (Social distancing measures will be in place)

Background:

1981 – The 40% Agreement is created between the City of Kanata and Campeau Corporation, the owner of several undeveloped land parcels in the Kanata North area. The intent of the Agreement is to preserve in perpetuity these green and open spaces.

December 2018 – ClubLink Corp. announces it has partnered with Minto Communities and Richcraft Homes to redevelop the Kanata Golf Club land for residential housing.

May 2019 – The City of Ottawa Finance and Economic Development Committee approves funding to initiate a legal defence of the 40% Agreement.

October 2019 – ClubLink Corp, Minto Communities and Richcraft Homes submit formal applications to the City to redevelop the Kanata Golf Club lands. In response, the City proceeds with legal action, seeking an order that ClubLink fulfill its contractual obligation under the 40% Agreement.

November 2019 – Lawyers for the Kanata Greenspace Protection Coalition bring a motion to intervene as an interested party in the city action.

December 2019 – The Kanata Greenspace Protection Coalition is granted leave to intervene as an added party in the matter of the 40% Agreement.

February 2020 – The 40% Agreement hearing is delayed while Imperial Tobacco Limited explores whether it wants to participate in the case.  ITL later decides against active participation.

June 2020 – The hearing to defend the 40% Agreement gets approval to proceed virtually.  The confirmed dates are July 8-10.

July 6, 2020 – The 40% Agreement virtual hearing is delayed.

About: The Kanata Greenspace Protection Coalition is a not-for-profit corporation, focused on increasing public awareness about the importance of greenspace preservation.  Our goal is to raise funds and public support for the City of Ottawa efforts to ensure that the 40% Agreement is enforced.

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