Kanata Golf Course closes to pave way for new housing development

Where golfers once chased birdies, developers now chase permits. The Kanata Golf and Country Club shut down abruptly on Sunday as its owner, ClubLink, attempts to move forward with a controversial housing development.

The closure follows the Supreme Court’s decision in September to decline an appeal from the City of Ottawa, which had sought to block the construction of 1,480 homes on the greenspace.

At the heart of the dispute is a 1981 agreement between the former City of Kanata and the then-owners of the land now occupied by the Kanata Golf & Country Club. The agreement stipulated that roughly 40 per cent of the Kanata Lakes site must remain as open space, and that if the course ceased operating, the land could revert to the city at no cost.

However, the current owner, ClubLink, argues that key provisions of the contract are legally invalid because they impose a “perpetual obligation.” In other words, forcing a private operator to maintain a golf course indefinitely violates Ontario’s laws governing interests in land — specifically, the “rule against perpetuities.”

In 2021, a Superior Court upheld the contract. But on appeal, the Ontario Court of Appeal struck down several sections, finding them void for perpetuity.

The news has come as a shock to homeowners whose properties back onto the golf course.

Mayor Mark Sutcliffe and Kanata North Councillor Cathy Curry previously issued a statement saying they were “deeply disappointed” that the Supreme Court would not review the case.

The Kanata Greenspace Protection Coalition released a statement saying the news “came as a shock to nearly everyone,” adding that many questions remain unanswered.

“Has the property been sold to another golf operator? Will the course be left to deteriorate as a tactic to pressure the city and community? No one knows for sure,” the group posted.

Both the mayor and Councillor Curry have said the city will not grant any of the easements required for development and will work with the National Capital Commission to ensure the city’s decision is respected.