March eNews – Update on Legal

Our green and open spaces are wonderful remedies for our current situation – isolation and social distancing.
The past week or so has surely reminded us of the importance of our accessible open and greenspaces.  None more so than our 175 acres of shared golf course open space central to so many Kanata North neighbourhoods.

Our green and open spaces are wonderful remedies for our current situation – isolation and social distancing

The past week or so has surely reminded us of the importance of our accessible open and greenspaces.  None more so than our 175 acres of shared golf course open space central to so many Kanata North neighbourhoods.

For many of us, it is THE place to find not only fresh air but also some very welcome personal space.  A calm place to try and clear our thoughts and minds and think of something other than the tragic losses we are seeing and  hearing about and, for some even experiencing.

We want to encourage you to reach out to family, friends and neighbours if you need help to get out and benefit from this incredible asset.  Take in the change in season and scenery but be sure to respect appropriate social distancing, gloves and/or handwashing guidelines.   Enjoy!

Now to some news.

Legal Update:  
Imperial Tobacco (ITL) is now a Party

When we last wrote a few weeks ago, Imperial Tobacco Limited (ITL) was asking to lift a stay in the Toronto court to allow it to participate as a party in the City of Ottawa v. ClubLink matter.  We were able to confirm on Wednesday that ITL was successful and will now join as a respondent.   We expect no opposition from the other parties.

We’ll update you when we know more.

COVID-19 creates Court Delays

We know the pandemic will cause delays in rescheduling the two-day Hearing on the 40% Agreement.  We have not heard definitively from the Ottawa court, however, we did hear last week that the Superior Court of Justice in Toronto was adjourned until June at a minimum.

On a positive note, the litigation of the 40% Agreement continues to be case managed by Justice Calum MacLeod who was recently appointed Senior Regional Judge for the Superior Court of Justice, East Region of Ontario.

The KGPC is committed to the defence of our greenspace.  Our legal team at CazaSaikaley will be ready for court whenever the court is ready.

Planning Update: 
LPAT Appeal by ClubLink

ClubLink moved precipitously in early March to launch an appeal to LPAT citing a delay by the City of Ottawa in handling their subdivision and zoning applications.  They justified their appeal in a March 9 letter to Councillor Jenna Sudds which they published on their kanatapossibilities.ca website.  If you did not receive a notice via that website, you can read it at the link above.

The letter implied to the City about efforts made by ClubLink towards consultation with our community that were patently false. The KGPC could not let that go uncorrected.  Read our reply letter.

In that letter, ClubLink failed to acknowledge their lack of response to the almost 250 technical comments and requests made by the City staff to the original application.  To be fair, there is a lot of work to those requests because the material was either omitted  or not fully addressed in the original application.  In any case, the move to LPAT by ClubLink was far from surprising.  More to follow.

ClubLink also included on its website a self-serving and inaccurate graphic called ‘The Process’ to describe the timeline since December 2018 when it announced its KGC redevelopment plans.   We have taken the liberty of correcting its inaccuracies and omissions.

You can find the new and correct version here.

All that said… LPAT is also adjourned

It is no surprise that COVID-19 is affecting administrative tribunals such as  LPAT as it is the courts.   It is currently expected that it will be beyond June before any procedural orders will be addressed at LPAT.  That would include the ClubLink appeal as well.

In the meantime, the KGPC has already begun preparations to ensure we will be ready for LPAT, if and when it comes.  We will have more details  to share in a coming edition of E-News.  Rest assured, the KGPC will stay on top of  the situation and make sure that you and our community does too.

Op Ed:  Decisions on Core Community Values should not be relegated to LPAT

When the ClubLink LPAT action was announced, the KGPC was asked for our comment by our local newspaper, the  Kanata Community Voice.   Our response was scheduled for the March 19 edition of the paper, but was omitted due to important pandemic coverage.

You can find our OP-Ed here. We welcome your thoughts.

We’ve Postponed  CHIP IN FOR GREENSPACE –
Our Inaugural Golf Tournament

For all the obvious limitations to gatherings and groups and current uncertainty related to the COVID-19 pandemic, we had no choice but to postpone this event.

There will be more news in the coming weeks as the road ahead becomes clearer for our Events team and The Marshes.

Our inaugural tournament will still be full of comradery and competition, food and fun as well as great golf and good times.

We will just have to wait a little longer but, to be sure, our Events team will deliver another fantastic event!

SPRING IS HERE!  Get your Lawn Sign Out and a new T-Shirt and Button on!

Check out our new Buttons and T-Shirts at  shop.ourkanatagreenspace.ca

Give your front lawn something to smile about!  Get your lawn sign out from its winter storage and plant it proudly on your front lawn.  Let us know if you need a replacement.

A thought or two as we sign off.

We are always pleased to hear from you.  Follow us on Twitter or Facebook.Urban open space is an important reason why we all choose to live in Kanata.  Our greenspace and your KGPC will be here when we put COVID-19 behind us.  In the meantime, please be kind to yourself and those around you during this difficult time.

Be safe and stay hopeful!  We are always better together!

Barbara

Barbara Ramsay
Chair, Kanata Greenspace Protection Coalition

Posted in Uncategorized.