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 parcels of land to the Greenbelt. The legislation, which reversed Premier Doug Ford’s previous plan to open protected land for development, was contested by Minotar Holdings Inc., claiming it infringed on superior court authority and unwritten constitutional principles.
Following a recent ruling, the Appeal Court deemed the developer’s arguments detrimental to the constitutional balance and consequently rejected them. Minotar Holdings Inc. initiated legal action against the province in 2017, contesting the inclusion of its 210-acre land in the Greenbelt.
In 2022, an agreement was reached between the developer and the province to remove 37 acres from the protected reserve as part of a lawsuit settlement. However, this settlement was revoked in the following year amid a scandal involving Ford’s decision to allow development on Greenbelt land. In response to critical reports highlighting favoritism towards certain developers, Ford returned all 15 parcels of land, including the 37-acre tract owned by Minotar, to the Greenbelt.
The law that reinstated the land mandated that any future alterations to the Greenbelt boundary must be made through legislation, not regulation, effectively shielding the government from judicial scrutiny. Despite arguments by Minotar’s lawyer, Paul Fruitman, in 2023 that this legislative change circumvented judicial oversight, the Appeal Court, in a 2-1 decision, concurred with the lower court’s ruling that the province’s actions did not encroach upon superior court jurisdiction.
According to the Appeal Court decision, the legislative amendments implemented under the law modified substantive legal rights, falling within established regulatory practices and not impinging on inherent judicial powers.
