In a recent ruling, the Ontario Court of Appeal has upheld a lower court’s decision to dismiss a developer’s constitutional challenge against a 2023 law that restored 15 pieces of land to the Greenbelt.
The legal dispute revolved around provincial legislation that countered Premier Doug Ford’s previous plan to open protected land for development. Minotar Holdings Inc.’s legal team contended that the law infringed upon the authority of superior courts and unwritten constitutional principles.
Following a verdict issued on Friday, the Appeal Court concluded that the developer’s claim would disrupt the constitutional balance and was therefore rejected.
Minotar Holdings Inc. initiated legal action against the province in 2017, claiming that their 210-acre land was mistakenly included within the Greenbelt.
After a prolonged legal battle, Minotar and the province reached a settlement in 2022, agreeing to remove 37 acres from the protected land. However, this settlement was revoked a year later amidst a scandal involving Ford’s proposal to open portions of the Greenbelt for development.
In response to critical reports from the auditor general and integrity commissioner highlighting favoritism towards specific developers, Ford reinstated all 15 parcels of land to the Greenbelt, including Minotar’s 37-acre plot.
The legislation that returned the land mandated that any future alterations to the Greenbelt boundary must be made through legislative processes rather than regulations. This move was argued by Minotar’s lawyer, Paul Fruitman, to shield the government from judicial scrutiny of Greenbelt modifications.
Despite Fruitman’s arguments, the Appeal Court, in a 2-1 decision, supported the lower court’s ruling that the province’s actions did not infringe upon the jurisdiction of superior courts.
According to the court’s decision, the legislative amendments altered legal rights through substantive law changes and did not impede inherent judicial powers but rather aligned with established regulatory practices.