Court of Appeal rejects developer's challenge

The Ontario Court of Appeal has upheld a provincial law that returned 15 parcels of land, including 37 acres owned by Minotar Holdings Inc., to the Greenbelt. The developer had challenged the 2023 legislation, arguing it violated judicial authority and constitutional principles, but the court rejected this claim. This decision reverses a previous settlement that would have allowed development on some of the protected land.
Why it matters
This ruling reinforces the provincial government's power to protect environmentally sensitive land and sets a precedent for future Greenbelt boundary changes, potentially limiting judicial oversight. It also highlights the ongoing political and legal battles over land development in Ontario.
TORONTO — The Ontario Court of Appeal has sided with a lower court in rejecting a developer’s constitutional challenge of a 2023 law that returned 15 parcels of land to the Greenbelt. The provincial legislation at the centre of the legal dispute reversed Premier Doug Ford’s plan at the time to open up protected land for development, but lawyers for Minotar Holdings Inc. argued the law violates the authority of the superior courts and “unwritten constitutional principles.” In a decision released Friday, the Appeal Court found the developer’s argument would do “real harm to the balance of the Constitution and must be rejected.” Minotar Holdings Inc. sued the province in 2017 after it had long argued its 210-acre parcel of land was erroneously included in the Greenbelt.
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