Kanata legal argumentsThe documents are online, Easy source is the Greenspace web site.
From Clublink.
Conclusion 78. The Application Judge’s decision reflects a principled and common-sense determination of the issue remitted to him by this Court. Given that s. 5(4) and 9 of the 1981 40% Agreement are “essential provisions for the evolution and potential redevelopment of the golf course lands”, their unenforceability unquestionably affects other, closely related rights and obligations in the Related Contracts. The Application Judge correctly held that those two conveyancing obligations - 29 could not be excised from the contract without radically transforming the nature of the parties’ bargain. That is why he declared that all obligations requiring ClubLink to continue operating the golf course in perpetuity are inoperative. The substance of his decision is consistent with the severance jurisprudence from this Court and the Supreme Court of Canada, and is entitled to deference. 79. PART IV - ORDER REQUESTED For all the foregoing reasons, ClubLink respectfully asks that the City’s appeal be dismissed, with costs. ALL OF WHICH IS RESPECTFULLY SUBMITTED this 12th day of June, 2024.