The Superior Court Will Not Hear The City S Appeal Of Clublink S Decision

In November 2021, property owner ClubLink won its own appeal in the Ontario Superior Court of Justice overturning a lower court ruling that sided with the city, after a years-long battle to prevent ClubLink from turning the golf course into a residential development. The city wanted to appeal the decision to the Ontario Superior Court of Justice, but on Thursday the Supreme Court decided not to 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. This agreement called for 40 percent of the area in the Kanata Lakes to be protected as open space in perpetuity. It also established guidelines regarding land use and ownership should the original owner of the golf course decide to go out of business. As is its usual practice, the Supreme Court did not elaborate on its decision.