eNews: Thank you for Your Response to Our Call for Funds

We were truly impressed and gratified… but not really surprised.  We understand how critically important this issue is to all of you because it is to us too.  That’s why we volunteer – to provide the strategy and organization to ensure that you and our community have every chance to win against ClubLink/Minto/Richcraft.

You donated  $85,712 in response to our February Call for Funds

We were truly impressed and gratified… but not really surprised.  We understand how critically important this issue is to all of you because it is to us too.  That’s why we volunteer – to provide the strategy and organization to ensure that you and our community have every chance to win against ClubLink/Minto/Richcraft.  We felt your commitment as the donations rolled in over our two hour Townhall event and with all of the repeat hits on that recording that followed on our website.   You told us that the presentations and especially the legal information from our lead counsel Alyssa Tomkins were incredibly informative.   If you missed it or you got busy and it slipped your mind, watch the Townhall recording here.

As we noted, outstanding OLT expenses (a ridiculously expensive process) and anticipated legal costs total $250,000.  We raised one third of it in but a few hours on February 23!   As a result, our need has dropped to under $165,000.   

Ontario Land Tribunal (OLT) Ruling Released

The two person OLT panel released its decision last week in support of the ClubLink application for subdivision.   While certainly not what our team and the City wanted,  this was a lengthy decision and includes very restrictive pre-requisites in the form of approvals from other agencies and numerous conditions.  Councillor Curry put this explanation  in her newsletter of Friday, March 25.

As it is a lengthy decision, the legal teams of both the Kanata Greenspace Protection Coalition (KGPC) and the City are reviewing it. I will send an update next week, in conjunction with the KGPC, to help everyone understand it in plain English… I would like to reassure the community that no acceptable Storm Water Management plan has been received by the City. And, what became clear from the hearing was that any solution would require approvals from the Mississippi Valley Conservation Authority and the NCC, not only the City. There are considerable steps and hurdles that must be followed and met before anything could be done that would entail houses being built on the golf course. I will continue to point out that the original agreement remains in place that requires the golf course to remain a golf course. Based on that, much of the hearing to most people listening, seemed almost an academic conversation. In summary, one could say that, technically, any piece of land could have a house built on it. However, given land agreements, the Planning Act, environmental laws and storm water management issues, complex approval processes by other authorities, and costs, practically not. Watch for our update on what the ruling indicates shortly.

Both Coalition and City experts have only a few weeks to digest and consider an appeal or next steps on this matter and that is why Councillor Curry has stated that you can expect to hear from both of us soon.  What is important to remember is that the City and the KGPC continue to work together, fully engaged in opposition to this development – both this OLT decision and in the larger legal arena.  The Coalition truly values and appreciates the camaraderie and collegiality shown by both Councillor Curry and the Mayor’s Office as they continue to backstop our community’s position.

We want to reiterate, despite this OLT ruling, there is no viable ClubLink application today and no development happening soon.   Our fight continues to keep it that way!

Come CELEBRATE  Earth Day with the KGPC

We were thrilled to hear that you found our February Townhall informative and liked the online format.  We also appreciated many comments and requests for another event to broaden your understanding around the stormwater management (SWM) concerns that are a central issue in the opposition of both the KGPC and City to this development.   And so, we’ve listened!  What better topic for Earth Day than water!

Kanata Golf Club (KGC) Lands – Essential to Kanata North’s SWM System         
Guest Expert: Doug Nuttall, P.Eng. -HDR on all matters SWM including a Q&A and a KGPC Update.
When:  Earth Day – Thursday, April 21st at 7pm
Where:  Online via YouTube
More details in the coming weeks.

Legal Updates

The City Appeal to the Supreme Court of Canada (SCC)

We reported in February that ClubLink notified all of its intention to oppose the City’s application for leave to appeal to the SCC the Ontario Court of Appeal (ONCA) decision and filed this Response Application.   You will see in this very brief cross-application that ClubLink suggests simply that the SCC’s broader reconsideration of the entire Labrosse decision is appropriate in the name of court efficiency.  There are many arguments that might be raised in opposition to this position and the process gives the City until March 30 to respond.  Needless to say, all of these back and forth arguments must be considered by the court and each one will add to the timeline before which the application is complete and can be reviewed.   Know that we’ll keep you updated.

ClubLink recants on opposition to Intervenor Status for the KGPC

As we also reported in February, ClubLink had plans to oppose our participation and intervenor status when the matter returns from ONCA to the court of Justice Labrosse.  In the interim, our legal counsel Alyssa Tomkins has been successful, with the support of the City, in encouraging ClubLink counsel to rethink its position.  Wonderful news!  The end result of this successful collaboration by the City and KGPC legal teams is a saving of thousands of your donated dollars on the preparation of unnecessary legal arguments.  They will once again collaborate on further submissions before Justice Labrosse.  Thank you Alyssa and to City counsel for helping out!

The 40% Agreement and a Return to the Superior Court of Ontario (Labrosse) 

In the past month there have been two case conferences with Justice Labrosse to determine both next steps and possible timing, all of which remain secondary to the SCC decision above.  In the event the SCC declines the City’s appeal request, Justice Labrosse has requested that the parties produce factums regarding the viability of the 40PA post the ONCA decision for consideration in his court.  The last is due June 16 and, for now, the earliest hearing date his court calendar will accommodate is September.

KGPC v. ClubLink – The Restrictive Covenants (RC) Application

The filing of the KGPC notice of application in this matter was timed to respect an application window of approximately 2.5 years from the date we were aware of ClubLink’s development plan (early October 2019).  This application will be two pronged, one RC on stormwater management and a second RC directly related to the  40PA. [February 21 e-News]   We have not filed the application as yet, however,  we anticipate that evidence in the 40PA application above may trigger the need for consideration of this matter as well.  More to come!

Chip in for Greenspace proudly presented by The CellPhoneCentre.ca

Wednesday June 1,2022  at The Marshes Golf Club 

Golf: 12:00pm Shotgun
Format: 4-person Scramble
Cocktails: 5:30pm
Dinner: 6:30pm
Live Auction: 7:30pm
Cost: $250+HST/person: great golf with power cart, scrumptious dinner & an unforgettable day all in support of our greenspace!

A limited number of Dinner-only tickets will be available for $150+HST/person.
To find out about Sponsorship opportunities (large and small) or to make a donation to our Live Auction, contact our Events Chair Jen Fyfe at   events@ourkanatagreenspace.ca 
Full details on our web site. Sign-up on Eventbrite coming soon!
Contact our Events Chair Jen Fyfe at   events@ourkanatagreenspace.ca 

Take in Our Greenspace

With spring here and better weather coming and Covid ever so slowly coming under control, we hope you will enjoy getting out and about.   Take in our greenspace in the coming weeks.  It won’t be long until the golfers are back and the trails have dried out and are walkable again!

Once again, we have to say, thank you and also remind you that we cannot continue without you.  Please consider a donation to celebrate something going on in your world that makes home in Kanata North worth saving.  Consider sharing.  We’d love to hear about it!

And, if your social calendar needs a lift post-Covid, we can keep you busy! Remember to mark Chip in for Greenspace  on Wednesday, June 1 on your calendar and pull that foursome together.   Or, just join us for dinner, if you’re not a golfer.   And for certain, tune in our next Townhall on Thursday, April 21 for an in depth understanding of why SWM is critical to Kanata North.

In the meantime, remember,  We’ll Do This Together!
We thank you for all of your support!


Barbara Ramsay
Chair, Kanata Greenspace Protection Coalition
T – 613-725-6595
E – chair@ourkanatagreenspace.ca

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