40 PERCENT AGREEMENT UPHELD IN COURT

FEBRUARY 19, 2021 – KANATA

 The Kanata Greenspace Protection Coalition is overjoyed by Ontario Superior Court Justice Marc Labrosse’s decision to uphold the 40% Agreement.  His decision states, “The 1981 Agreement continues to be a valid and binding contract and ss. 5(4) and 9 are not void as contrary to the rule against perpetuities.” As well, he concludes that should the land be turned over to the City of Ottawa at some point, it can be used for park and recreational purposes beyond a golf course.

Justice Marc Labrosse’s decision: Ottawa-v.-Clublink-RELEASED-Feb.-19-2021.pdf

KGPC Chair Barbara Ramsay, “this is a significant milestone and we are very pleased with the decision.  It sends a clear message to ClubLink, Minto Communities and Richcraft Homes, and we hope to all developers that try to skirt the rules.” Ramsay adds, “As we’ve said many times, this Greenspace is Kanata’s Green Heart, it’s why our residents chose to live here.”

This has always been a David versus Goliath battle. Fighting developers is no easy feat. We expect ClubLink will appeal and are ready to keep up the fight.  We appreciate the support the City of Ottawa and Councillor Jenna Sudds have given us and hope they will remain steadfast in opposing this plan.

KGPC Chair Barbara Ramsay is available for comment.

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.

Follow us on Facebook and Twitter:

Twitter.com/ourKanatasGreen

Facebook.com/OurKanatasGreen

Contacts:   The Kanata Greenspace Protection Coalition

Chair            Barbara Ramsay     613-725-6595                   chair@ourkanatagreenspace.ca

President      Geoff McGowan      613-612-2183                   geoff@geoff-bobbie.com