Legal Update No. 1 – November 15, 2019

Our lawyers attended the case management conference on November 14, 2019, the purpose of which was to schedule the City of Ottawa’s application. We have details of what transpired here.

November 15, 2019

Since our STOP CLUBLINK Community Meeting on November 5, our legal team from Caza Saikaley has worked at full speed to understand the positions of the City and ClubLink, and develop the appropriate path forward for our community given the legal proceedings already underway.

The goals of the KGPC in this matter are:

  • To support the City’s intention to have the validity of the 40 Percent Agreement determined by the Court with a  goal to stop the ClubLink redevelopment plans for the Kanata Golf Course lands
  • To enhance the Court’s knowledge by providing it with information and arguments that the City may not be in a position to provide
  • To ensure that KGPC efforts at participation in this legal process in no way complicate or cause unnecessary delay or costs to the proceedings
  • To ensure that the interests of our community are appropriately protected and defended

Our lawyers attended the case management conference on November 14, 2019, the purpose of which was to schedule the City of Ottawa’s application. Justice MacLeod, the presiding judge, was not convinced that the City’s application needed to be heard in December 2019 as the City has stated repeatedly. Comments from the judge also suggest that the court may not have had any available hearing dates until 2020.

Justice MacLeod agrees that the application should be heard on an expedited basis for up to two days in the week of February 24, 2020.  In his order, Justice MacLeod said, “The owners [ClubLink] undertake to continue to operate the golf course until this application has been adjudicated.  There is no real prospect of the planning process coming to an end before this application can be determined and in any event if the City is successful on the application it would have the right to acquire the land and to halt the proposed development.”  You can read the entire Case Management Order from Justice MacLeod.

Justice MacLeod also ordered that the City’s application would be case managed. This means that the Court will be actively intervening to ensure that the case moves forward quickly and smoothly. To accomplish that, a series of dates have been set.

The KGPC motion to be added as a party to the City’s application will be heard by the Court on December 16, 2019. The City’s lawyers have already agreed in writing that the Coalition should be added as a party. ClubLink’s position is not known at this time. The Coalition is moving quickly to be added as a party to the court proceeding to support the City and to advance all possible arguments supporting the City’s bid to uphold the 40% Agreement.

The Coalition understands that our community supporters are concerned about planning deadlines coming before the hearing dates in the week of February 24, 2020.  In conjunction with the City, our lawyers will be pressing ClubLink to refrain from triggering an appeal to the Local Planning Appeal Tribunal (LPAT) until the Court has made its ruling. In the meantime, the Coalition will be working on strategies with both our lawyers and our planner Dennis Jacobs to best manage the situation going forward.

Make Your Voice Heard at City Hall

The KGPC encourages all of you to continue to send your comments and letters to the City Planning Department at in opposition to the ClubLink planning application.

Remember; the first deadline is November 22.

We Need Your Donation

We hope this update helps convince you of the value of the work the KGPC is doing on your behalf and on behalf of our community and the protection of our green and open spaces.  Our Make a Difference Campaign continues.

We need your financial support to ensure we have the ability to make the best choice at each point in the road ahead. Please send your donation by cheque or GoFundMe today. 

You’ll find instructions on our website.

Barbara Ramsay, Chair

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