MEDIA RELEASE – NOVEMBER 26, 2021 – KANATA
The Kanata Greenspace Protection Coalition is deeply disappointed and frustrated by today’s decision from the Ontario Court of Appeal. However, our resolve remains steadfast to continue to defend our 175 acres of green and open space.
In February, Ontario Superior Court Justice Marc Labrosse determined that the 1981 Agreement continued to be a valid and binding contract. Today, the Appeal Court held that sections 5(4) and 9 of the 1981 Agreement are void and unenforceable. These are the provisions that provide for the conveyance of the golf course lands in the event that ClubLink and/or the City decide to stop using the lands as a golf course. The Court of Appeal refused to declare the entirety of the agreement void, meaning that this issue will need to be determined by Justice Labrosse. The Coalition made submissions on this point at the application hearing and intends to renew its argument that the remainder of the agreement (and the 40% principle) remain valid and enforceable.
KGPC Chair Barbara Ramsay, “we won’t stop until the green heart of Kanata (the Kanata Lakes Golf Club lands and Trillium Woods) is finally safe. We knew this was going to be a long haul and we aren’t giving up.”
“It’s truly disappointing that Clublink Corporation and local developers Minto Communities and Richcraft Homes continue to push this destructive plan. We’ll continue to pursue all avenues to stop them,” adds Ramsay.
KGPC Lawyer and Partner at Caza Saikaley LPP, Alyssa Tomkins notes, “today’s decision is disappointing, but not the end of the road. The City has already announced that it will be seeking leave to appeal to the Supreme Court of Canada and we support that decision. There are issues of public importance that arise and conflicting case law that must be reconciled. In addition, the Coalition will renew its fight to enforce the 40% principle and the protection of the greenspace though other means.
The KGPC would like to thank our community, our legal and planning experts, Mayor Jim Watson, MPP Merrilee Fullerton and MP Jenna Sudds for their unwavering support to Save Our Greenspace. We are well positioned to keep up the fight.
KGPC Chair Barbara Ramsay is available for comment after 3:30pm today.
The Kanata Greenspace Protection Coalition is a not-for-profit corporation, focused on increasing public awareness about the importance of greenspace preservation. Our goal is to raise funds and public support for the City of Ottawa efforts to ensure that the 40% Agreement is enforced.
Follow us on Facebook and Twitter: @OurKanatasGreen
Contacts: The Kanata Greenspace Protection Coalition
Chair Barbara Ramsay 613-725-6595 firstname.lastname@example.org
President Geoff McGowan 613-612-2183 email@example.com