ClubLink surprised us and sent their Notice of Appeal out late Friday afternoon and managed to leave the KGPC off the mailing list in their process. Some sort of error they said.
The ClubLink Notice of Appeal has arrived …
While it’s safe to say we all predicted this, we’ll be honest and say that we were expecting a few more weeks’ vacation before ClubLink filed its Notice of Appeal. They surprised us and sent it out late Friday afternoon and managed to leave the KGPC off the mailing list in their process. Some sort of error they said. With a heads up from Councillor Sudds’ blog, we knocked on virtual doors to get the missing documents over the weekend. Since then, we have pulled both legal teams (Ottawa and Toronto) together for a discussion and have this update for you today.
The Appeal process and new timelines
First off, the Notice of Appeal is just that. A notice to the court and other parties that an appeal is intended and its development is in progress. ClubLink now has 30 days following the Notice to deliver its factum, a written statement of its supporting arguments and the law behind it all. ClubLink intends to deliver it by April 7, 2021 after which the City, as a party, has 30 days to reply. The KGPC, as in the first application, has no automatic party status. Intervenor status is under consideration once again.
ClubLink wants the process to move quickly and is seeking City support for an expedited court date in May or June. Should this legal appeal be decided in ClubLink’s favour and reverse the Labrosse 40PA decision, ClubLink will then need a favourable LPAT decision to get the City’s previous planning positions reversed as well. However, any delay in the legal appeal process and decision could force the LPAT hearing already scheduled to start in January 2022 to be delayed as a result. Not what ClubLink wants. Of course, if ClubLink loses the legal appeal, the 40PA stands and the victory is complete for the community. The LPAT appeal would be withdrawn.
Our lawyers have not had an opportunity to speak with City representatives to discuss the latest from ClubLink. We expect that to happen in the next short while. Before deciding our next steps, the Coalition also needs to better understand the detail and arguments behind the ClubLink appeal. When the factum comes available in the next 4 weeks or so, along with some understanding of the City’s plans and perspective, the Coalition will be ready to discuss our next steps. You’ll be the first to know!
Regardless, it seems our mini-vacation is over and we are back at it! If you have questions, please send them along. We will post the Q&A on our website. If there are a lot, we can consider an online discussion. Let us know what you think about that.
Donations are still needed and always appreciated!
This week, a free online pass to our Seventh Town concert on Monday, March 15 is yours with any donation.
Un-Dinner sales for our Monday March 15 St. Paddy’s Day celebration have wrapped up. However, we control the sound switch for a fabulous 1-hour concert by Seventh Town, a 4-piece acoustic Celtic/Folk band from Prince Edward County.
Here is the online link to make a donation. You choose the value. We’ll send you a link to the concert a day or so before… in addition to our thanks!
We’re going to get some nice spring-like weather this week. It may make for messy walking but much more enjoyable to be outside for some of us who are not huge fans of the cold. We have a bit over a month before the skiers and snowshoers pack it in and the golfers are back out in the Greenspace. Do whatever you can to enjoy it!
Let’s stay better together!
P.S Just to remind you we are not alone and every donation does matter! Congratulations to the residents in Chelsea who bought their own forest out from under the developers. It goes to show…you have to stay with it!