Supreme Court won’t hear city appeal of ClubLink decision

The Supreme Court of Canada will not hear the City of Ottawa’s appeal of a decision to allow development on the land where the Kanata Golf and Country Club sits.

In November 2021, property owner ClubLink won its own appeal in the Ontario Superior Court that overturned a decision by a lower court that sided with the city, following a years-long battle to prevent ClubLink from turning the golf course into a housing development.

The city wanted to appeal the Ontario Superior Court’s decision, but on Thursday the Supreme Court ruled it would not hear it and awarded costs to ClubLink.

At the heart of the case are the facts of a 1981 agreement — which has been updated several times, including when ClubLink bought the property 23 years ago — between the former City of Kanata and the operator at the time.

That agreement called for 40 per cent of the area in Kanata Lakes to be protected as open space in perpetuity. It also laid out guidelines about land use and ownership if the original owner of the golf course decided to get out of the business.

As per its usual practice, the Supreme Court did not provide any details for its decision.

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