Justice Labrosse released his 45 page decision today on the validity of the 40 Percent Agreement and in doing so scuttled the ClubLink, Minto Communities and Richcraft Homes plan to redevelop our greenspace with 1544 homes. He wrote, “The 1981 Agreement continues to be a valid and binding contract.” You can read it all for yourself
It’s a WONDERFUL DAY to live in our neighbourhood!
Justice Labrosse released his 45 page decision today on the validity of the 40 Percent Agreement and in doing so scuttled the ClubLink, Minto Communities and Richcraft Homes plan to redevelop our greenspace with 1544 homes. He wrote, “The 1981 Agreement continues to be a valid and binding contract.” You can read it all for yourself at the link above… but we’ll give you the Coles notes version here in case you would prefer to move onto your celebration!
ClubLink argued the 40PA was now unenforceable by suggesting that a legal concept, a rule against perpetuities invalidated the 40 year old agreement. The judge rejected those ClubLink arguments.
Justice Labrosse also heard from the City suggesting that ClubLink, by pursuing its development applications had effectively signalled that it did not intend to operate the golf course, and in so doing had violated its contractual obligations of the agreement, and as a further result, the land should be turned over to the City as dictated by the 40PA. The judge disagreed suggesting that ClubLink had provided evidence that it intended to continue to operate a golf course and that its activities around a possible development alone were not sufficient to trigger that aspect of the 40PA.
Justice Labrosse did agree with the City on one other important issue. Should the City at some future point receive the golf course lands under a provision in the 40PA, it should not be obligated to operate a golf course in perpetuity but could instead use the land for recreational and natural environmental purposes.
We are very pleased with the decision of the court today and we sincerely hope you are too. It has been a very difficult two years for all of us. There has been stress, emotional wear and tear and lost energy to fret and worry and that is all in addition to dealing with Covid! ClubLink does have a 30 day right to appeal the decision to the courts. We do not know what will come next but we will be ready and promise to keep you up to date.
You may have questions as to how the court decision today affects the ClubLink appeal to LPAT. There is no immediate and arbitrary impact. The LPAT is an administrative tribunal, and as a result, it generally defers to the courts as a body of higher decision. In October 2020 at the initial LPAT case conference, the City lawyer signalled that should the City (and the KGPC) be successful in court on the 40PA decision, the City could be expected to seek to have the LPAT matter put aside. Our legal experts will reach out to the lawyers for the City and ClubLink and we will update you on that outcome.
There is no better way to celebrate the 40PA decision than with our Pre-St. Patrick’s Day Un-Dinner Party
Save the Date: Monday, March 15th
It’s a great excuse to celebrate ALL THIINGS GREEN! And since we kind of expect ClubLink will appeal, we need your support for the next round of this fight.
Our Un-dinner for 2 package includes a fantastic 4-course St. Paddy’s themed dinner from MY Catering, a Shamrock plant to GREEN up your table from Richmond Nursery and a zoom event with some lively Irish music. This time around, there’s also a dinner for 4 package and an optional Ottawa Local Brews 3-Pack Beer Pairing.
The menu and info is all here ready to go. Book online by March 8th.
The KGPC Irish elves will see you at your door with your dinner!
And so, on a very important day, we want to thank you for all of the support you have given the KGPC in the form of donations and time. We also send a great hug of thanks to our legal team of Alyssa Tomkins and Charles D’Aoust at Caza Saikaley who have brought us this far. And of course, how fortunate we are to have the ongoing support of community partners like the Brookstreet Hotel and Aperitivo.
Was there any doubt in your mind? We are so much better together!
Stay safe… and spend some extra time in our Greenspace this weekend!
P.S. Show Your Love for Greenspace continues until the end of the month. All donations are entered into our March 1 draw.