Ontario Superior Court of Justice Ruling

October 23, 2023


On October 13, Ontario Superior Court Justice Marc Labrosse issued his ruling on the Forty Percent agreement. You can read it here. I sent out that ruling immediately so that residents could take a read if they were interested but did point out that we would be coming out with a more informed response to the ruling once City of Ottawa lawyers had a chance to review the decision and I could speak to them.  

You are also able to read the Kanata Greenspace Protection Coalition’s summary of the ruling at Justice Labrosse Decision on the 40% Agreement.  

The ruling is over 50 pages long. Here is the explanation from the City of Ottawa’s legal team. 

On Friday, October 13, 2023 the City received the decision of Mr. Justice Labrosse on the question of the application of certain agreements, including the 40 per cent agreement, with respect to lands utilized by ClubLink.  These agreements had been the subject of a prior Court of Appeal determination that some clauses, including those requiring the conveyance to the City of the golf course lands- in the event they were no longer operated as a golf course – were void and of no effect.  The matter was remitted to Mr. Justice Labrosse for his determination as to the impact of this appeal decision upon the other provisions in the relevant agreements. 

In summary, Mr. Justice Labrosse found that: 

  1. The obligation to operate a golf course in perpetuity is inoperative; 
  1. The 40% principle does not apply to a redevelopment of the golf course lands that complies with the Planning Act, but remains operative in respect of all other lands beyond the golf course lands, this would include the lands being developed by KNL. 

City Legal Staff, as well as the City’s external legal representatives are currently reviewing the decision in order to provide their advice as to any next steps. 

Don’t be discouraged. There is hope. When I was first appointed, I wrote a document that I continue to keep on the Kanata North website. It lists all of the other pieces of information that are important for everyone to understand. Please review it here.

However, let me make one thing clear. The City of Ottawa does not have to approve a developer’s request to upgrade or build infrastructure under our City of Ottawa roads or property in order to facilitate development. In normal development applications, the City usually works with developers and allows for these approvals. However, not always. There are examples in the City’s recent history of infrastructure development not being approved because the City disagreed with specific developments.  

In addition, as we have always maintained, the Province of Ontario has considerable powers to stop a development using the tools it has. It can invoke a Provincial interest in land, use a Municipal Zoning Order (MZO), and change regulations that impact development where storm water management is concerned.  

I will be working with our City’s stormwater management staff, our City’s legal counsel, Barbara Ramsay and the Kanata Greenspace Protection Coalition and MPP Karen McCrimmon to look at our best next steps.  

Councillor Cathy Curry