Canada’s top court dismisses Ottawa’s application to fight Kanata golf course ruling

The legal fight over the future of a Kanata Lakes golf course hit a wall Thursday when the Supreme Court refused to hear it. CTV’s Katie Griffin reports.

Residents in Kanata Lakes insist this is not the “end of the road” in the fight over plans to build a housing development on the Kanata Golf and Country Club, despite Canada’s highest court dismissing the City of Ottawa’s appeal.

The Supreme Court of Canada announced Thursday it would not hear an application from the City of Ottawa to appeal the Ontario Court of Appeal’s ruling that declared a 1981 agreement to keep 40 per cent of the property as green space as “inoperative.”

No reasons are provided on why the Supreme Court denies leave to appeal.

The Kanata Greenspace Protection Coalition says it’s “deeply disappointed” the court dismissed the city’s application to appeal.

“While this ends the six-year legal fight to defend the 40 per cent agreement, it is not the end of the road,” Barbara Ramsay, chair of the Kanata Greenspace Protection Coalition, said in a statement.

“As we’ve said repeatedly, this is a complex issue and we will continue to pursue every avenue to stop ClubLink, Minto, and Richcraft.”

In January, the Ontario Court of Appeal ruled the 1981 agreement between the former City of Kanata and the former owner of the course, Campeau Corporation, should “be considered void.”

The fight over the future of the Kanata Golf and Country Club dates back to 2018, when the course’s owner, ClubLink, announced plans to build approximately 1,500 homes on the Kanata Lakes property.

ClubLink and its developers, Minto Communities and Richcraft Homes, filed an application with the city in 2019 to build homes with a minimum 25 per cent green space.

The City of Ottawa and residents have pointed to the 1981 agreement between the former City of Kanata and Campeau Corporation that states 40 per cent of the area must be kept as open space.

Ramsay said it’s “truly mind-blogging” the Supreme Court of Canada won’t hear the city’s appeal.

“How can a municipality enter into a contract with any party to build, manage, or secure long-term assets or property if it can be violated at any time? The Supreme Court is the place to settle confusing legal decisions,” Ramsay said.

The Kanata Greenspace Protection Coalition describes the Kanata Golf Club land as “cherished green space” in the Kanata Lakes and Beaverbrook neighbourhoods.

“It plays a vital role in stormwater management in the community. Without it, the existing community could be at risk of severe flooding as storms intensify,” the coalition said.

“Developing the land also poses a serious public safety risk due to potential mercury contamination on the site.”

ClubLink acquired the property in 1997.

In 2021, the city did win a court challenge when the Ontario Superior Court ruled the 40 per cent green space agreement “continues to be a valid and binding contract.” The Ontario Court of Appeal reversed the decision, and the Supreme Court of Canada dismissed the city’s application to appeal.

Mayor Mark Sutcliffe said he is “deeply disappointed” the Supreme Court will not hear the ClubLink case.

“We want to assure residents that we will continue to use all the tools at the City’s disposal to ensure the commitment made to the community in 1981 is upheld,” Sutcliffe said.

“The City’s position is clear: we will not grant any of the easements that would be necessary for the site’s development.”

The mayor said the city will work with the National Capital Commission to “ensure they support the city’s decision.”

“We are committed to saying yes to responsible development throughout Ottawa, but for many reasons this project does not meet that standard,” Sutcliffe said. “We look forward to hearing from the community as we assess the City’s next steps and continue to work together with the community in their best interests.”

In a memo to council, interim City Solicitor Stuart Huxley says the Supreme Court’s decision “ends this litigation.”

“As for any next steps relating to the subject lands, I note that any consideration of development would be subject to applicable approvals, all of which would have regards to and respect the City’s existing infrastructure located on the lands,” Huxley wrote.

“The City has indicated to ClubLink that it is not prepared to alter any existing easements to permit the redevelopment to take place. Further, approval from the National Capital Commission would be required in respect of the stormwater outlet.”

In 2020, the planning committee rejected the proposal by ClubLink to build the housing development in Kanata. Staff urged councillors to reject the plan, saying the zoning bylaw amendment for Campeau Drive is “not consistent with the 2020 Provincial Policy Statement and multiple Official Plan policies related to Managing Growth, Providing Infrastructure, Building Liveable Communities and Urban Design and Compatibility.”

Staff said the subdivision plan is incompatible with the surrounding community, and premature as the applicant has not secured a legal stormwater outlet.