All you need to know in advance of the November 13 Hearing

November 7, 2024
It’s always helpful when the last few pieces of information you’re waiting on roll in two weeks early!   That’s what happened here this week!   Kanata Greenspace Protection Coalition (KGPC) has got everything you need to know to be ready for the Ontario Court of Appeal (ONCA) hearing on November 13.

It is always a lovely surprise when the last few pieces of information or bits of whatever you’re waiting on come rolling in ahead of schedule.  It’s even more helpful when they roll in two weeks early!   That’s what happened here this week!   Kanata Greenspace Protection Coalition (KGPC) has got everything you need to know to be ready for the Ontario Court of Appeal (ONCA) hearing on November 13.   The only thing missing is your drink of choice…

Reading materials you’ve been waiting for

The Supplemental Book of Authorities of the Intervener (that’s us) can be found here.   These are the four cases that our Alyssa Tomkins will refer to and rely on in her oral submissions.
Also, for your review, is the ClubLink reply factum received last week.   In it, ClubLink essentially reiterates the arguments we have heard previously.   Whether it will be considered by the court, remains to be determined.  See below.

ONCA refuses ClubLink reply factum

ONCA refused the document upon arrival last week.  It appears to be a process error.  At lower-level courts, barring complications, a reply document to an opposing party can be typical.  Not necessarily so at the higher courts.
ClubLink has been advised by ONCA that a motion for consideration of its reply factum must be filed with the ONCA judicial panel before it can be considered.   If ClubLink pursues its admission with such a motion, the motion would be considered most probably on November 13.   All to say, you can read it in advance and be on top of the hearing process as it unfolds.

ONCA November 13, 2024 Hearing – Virtual Meeting Information

IMPORTANT:  It is an offence under s. 136 of the Courts of Justice Act, R.S.O. 1990, c. C.43  punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of a hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.

When: November 13, 2024 at 10:00 AM in Courtroom One
Please Note: The parties are encouraged to sign-in 30 minutes prior to the start time of the appeal).
Please click the link below to join the webinar:
https://ca01web.zoom.us/j/63556936296?pwd=zX9bxctCAjcwuOiHIG6VractX83Qmv.1
Passcode: 708879

Or One tap mobile :
+12042727920,,63556936296#,,,,*708879# Canada
+14388097799,,63556936296#,,,,*708879# Canada

Or Telephone:  
+1 613 209 3054
Webinar ID: 635 5693 6296
Passcode: 708879

And from our In-box…

Q. When can we expect the Court of Appeal to make its decision?
A. The decision timelines for ONCA judicial panels are not tightly defined.  From the ONCA website:
After an appeal is heard, the Court of Appeal for Ontario may make its decision the same day or shortly afterwards or may reserve judgment for up to several months.

And so, that’s what we have for you ahead of Wednesday November 13.   As always, reach out with your questions and concerns.  We’re happy to address them.

We hope you are planning to tune in and watch the hearing.   And thank you again for the critical financial support that gets and keeps us here.  Because of you, we can put our community’s arguments in defence of the 40% Agreement by the City of Ottawa in front of the Court of Appeal.

Remember, we’re ALWAYS Better Together!.

Barbara

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

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