The Ontario Court of Appeal has upheld a lower court’s decision in a dispute involving a developer’s challenge to a law that returned 15 parcels of land to the Greenbelt in 2023.
The legal battle centered around provincial legislation that reversed a plan by Premier Doug Ford to open protected land for development. Despite arguments from Minotar Holdings Inc. that the law infringed upon superior court authority and unwritten constitutional principles, the Appeal Court ruled in favor of maintaining the land’s protected status.
Minotar Holdings Inc. had contested the inclusion of its 210-acre land in the Greenbelt and reached a settlement with the province in 2022 to remove 37 acres from the reserve. However, following a scandal involving preferential treatment of developers, the province reinstated all 15 parcels, including the 37-acre tract owned by Minotar.
Furthermore, the law enacted to restore the Greenbelt land stipulated that any future boundary changes must be made through legislation rather than regulation, shielding the government from judicial oversight. Despite arguments to the contrary, the Appeal Court, in a 2-1 decision, agreed with the lower court that the province’s actions were within the bounds of established regulation.
