In a recent ruling, the Ontario Court of Appeal 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. This legislation, which countered Premier Doug Ford’s previous intention to open up protected areas for development, was contested by Minotar Holdings Inc., claiming it infringed on superior court authority and unwritten constitutional principles.
Following a legal battle initiated in 2017, Minotar Holdings Inc. had contended that its 210-acre land was erroneously categorized within the Greenbelt. The developer and the province had reached a settlement in 2022 to exclude 37 acres from the protected zone. However, this agreement was annulled the following year amidst controversy over Ford’s proposal to develop parts of the Greenbelt.
Subsequent to critical reports from the auditor general and integrity commissioner highlighting preferential treatment towards specific developers, Ford opted to return all 15 land parcels, including Minotar’s 37-acre tract, to the Greenbelt. The revised law not only reinstated the land but also mandated that any future alterations to the Greenbelt boundaries must be carried out through legislation rather than regulations, shielding the government from judicial scrutiny, as argued by Minotar’s legal representative, Paul Fruitman in 2023.
In a split 2-1 decision, the Appeal Court concurred with the lower court’s stance that the province’s actions did not encroach upon superior court jurisdiction. The court emphasized that the legislative modifications pertained to substantive law changes affecting legal rights and were within established regulatory frameworks, rather than impinging on inherent judicial powers.