Emma Ruth Bradley Blanchard

Following the dismissal of the applicant's motion for a stay and the granting of the respondents' motion to strike, the parties could not agree on costs.

The respondents sought partial indemnity costs.

The applicant argued that no costs should be awarded as this was public interest litigation.

The court held that the public interest nature of the case did not exempt the applicant from costs rules, especially given the voluminous record and the significant economic interests at stake.

The court fixed costs at $35,000 for the proponent and $12,500 for the City, payable by the applicant.

The applicant sought a stay of a zoning bylaw amendment that permitted a Battery Energy Storage System (BESS) in Ottawa, pending its application for judicial review.

The respondents opposed the stay and moved to strike portions of the application and the applicant's affidavit evidence.

The court dismissed the motion for a stay, finding that while there was a serious issue to be tried, the applicant failed to demonstrate irreparable harm and the balance of convenience favoured the respondents.

The court granted the motion to strike in part, striking the challenge to the Municipal Support Resolution as statute-barred, striking portions of the application that impermissibly sought reasonableness review of the bylaw, and striking several affidavits and portions of affidavits that contained impermissible opinion evidence from unqualified laypersons.

This decision addresses the impact of a Court of Appeal ruling that declared certain contingent property interests in a 1981 development agreement void for perpetuities.

The Superior Court was remitted to determine which other provisions of the 1981 Agreement and related contracts were affected and rendered inoperative.

The court found that the voided sections fundamentally altered the original bargain, which included a path for the evolution and potential redevelopment of the golf course lands, not a perpetual obligation to operate a golf course.

Consequently, several provisions related to the golf course's perpetual operation, sale, right of first refusal, and redevelopment path were declared inoperative.

The 40% open space principle was largely maintained but its application to golf course redevelopment was clarified.

This appeal concerned the application of the rule against perpetuities to land development agreements.

ClubLink Corporation ULC appealed a lower court decision that upheld perpetual obligations to operate a golf course or convey the land to the City of Ottawa.

The Court of Appeal found that the contractual provisions requiring conveyance of the golf course lands to the City, or reconveyance back to the original owner, created contingent interests in land.

As these interests did not vest within the 21-year perpetuity period, they are void and unenforceable.

The court clarified that the expectation of a contingency materializing is not a factor in determining if an interest in land is created.

The appeal was allowed, and the relevant sections of the 1981 Agreement were declared void.

The City of Ottawa appealed an Ontario Municipal Board (OMB) decision that allowed an official plan amendment proposed by the respondent, which the City Council had previously refused.

The central issue was whether the OMB erred in law by failing to 'have regard to' the Council's decision under s. 2.1 of the Planning Act.

The Divisional Court held that the OMB is not required to apply a highly deferential standard of review to Council decisions, but must carefully scrutinize and consider them.

Finding that the OMB had properly analyzed and addressed each of the Council's reasons for refusal, the majority dismissed the appeal.