Province says it won’t get involved with Kanata golf course development dispute

The fight is continuing to save a Kanata golf course from future development — but it will no longer be in the courts. 

Last week, the Supreme Court of Canada dismissed the City of Ottawa’s appeal of an Ontario Court of Appeal ruling that declared a 1981 agreement to keep 40 per cent of the property as open space as “inoperative.”

That decision came after the Ontario Court of Appeal ruled that the decades-old agreement between the former City of Kanata and the former owner of the course, Campeau Corporation, should “be considered void.” Ontario's highest court said back in January that current owner, ClubLink, should not be "saddled with a perpetual obligation to run a golf course."

There was some thought the province could step in to prevent the development from occurring, but Ontario Premier Doug Ford sided with the Supreme Court and said the city and developer ClubLink will need to work together to find a resolution. 

“Between the developer and the municipality, work things out. Figure it out,” Ford told reporters while in Russell, Ont. on Monday. 

While the government is not planning to get its hands dirty in this case, they did get involved with a similar matter in Oakville. Former Municipal Affairs Minister Steve Clark reached a deal with ClubLink in 2021 when it had plans to build on the Glen Abbey golf course.   

Residents who use the Kanata golf course as amenity space in the winter have been fighting to save the land since plans to build around 1,500 homes on the prime property first surfaced in 2018. They also shared concerns over possible flooding. 

An application was filed the previous year by developers Minto Communities and Richcraft Homes alongside ClubLink, to keep 25 per cent of the greenspace. 

Barbara Ramsay, who leads the Kanata Greenspace Protection Coalition, said in a press release she was “deeply disappointed" the Supreme Court won’t consider hearing the case. 

"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. It's truly mind-boggling that the court won't hear this case,” wrote Ramsay. 

There may still be other options for the city to act. Last week Mayor Mark Sutcliffe said the city will use all its tools to prevent the development from being approved. 

“The City’s position is clear: we will not grant any of the easements that would be necessary for the site’s development,” said Sutcliffe. “We are committed to saying yes to responsible development throughout Ottawa, but for many reasons this project does not meet that standard. 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.”

The province could technically override the city’s planning decisions, but it looks like that won’t happen. Despite not wanting to get involved, Ford seemed to support Sutcliffe by stating “he’s protecting his community”, and said if the city didn’t want it, “they shouldn’t do it.”

In 2022, the Ontario Land Tribunal encouraged the city to approve the development and said the development would be in the public’s best interest with Clublink representing good planning. 

Kanata North Coun. Cathy Curry is also encouraging residents to “have faith.” She was surprised the Supreme Court did not pick up the case given the justified community concerns.  

“As I have continued to say, there is no storm water plan produced so far that is acceptable to the City of Ottawa. And, the City does not have to agree to many of the other types of things that developers have to get agreement on in order to build,” Curry wrote in her newsletter. “The NCC also has to approve, as its lands would be the recipient of the watershed from this area. They do not have to approve/allow that.”