Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41720
City of Ottawa v. ClubLink Corporation ULC
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-09-19 | Close file on Leave | |
| 2025-09-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-09-18 | Judgment on leave sent to the parties | |
| 2025-09-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-1232, 2025 ONCA 34, dated January 21, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-08-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-05 | Lower court order - e-filing, COA-23-CV-1232, (Printed version filed on 2025-05-06) | City of Ottawa |
| 2025-05-05 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-05-05, (Printed version filed on 2025-05-06) | City of Ottawa |
| 2025-05-05 | Correspondence received from, Regarding position of the intervener | ClubLink Corporation ULC |
| 2025-04-24 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-04-28) | Kanata Greenspace Protection Coalition |
| 2025-04-24 | Notice of name, (Printed version filed on 2025-04-28) | Kanata Greenspace Protection Coalition |
| 2025-04-24 | Intervener's memorandum of argument on application for leave, (Book Form), Completed on: 2025-04-24, (Printed version filed on 2025-04-28) | Kanata Greenspace Protection Coalition |
| 2025-04-24 | Notice of name, (Letter Form), (Printed version filed on 2025-04-24) | ClubLink Corporation ULC |
| 2025-04-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-04-24) | ClubLink Corporation ULC |
| 2025-04-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-24, (Printed version filed on 2025-04-24) | ClubLink Corporation ULC |
| 2025-04-08 | Correspondence received from, CA order form | City of Ottawa |
| 2025-03-25 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2025-03-24 | Notice of name, (Printed version filed on 2025-03-24) | City of Ottawa |
| 2025-03-24 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-03-24) | City of Ottawa |
| 2025-03-24 | Book of authorities, (Book Form), Completed on: 2025-03-25, (Printed version filed on 2025-03-24) | City of Ottawa |
| 2025-03-24 |
Application for leave to appeal, (Book Form), Missing: - CA Orders (Rec 05-05-2025), Completed on: 2025-05-05, (Printed version filed on 2025-03-24) |
City of Ottawa |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| City of Ottawa | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| ClubLink Corporation ULC | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Kanata Greenspace Protection Coalition | Intervener | Active |
Counsel
Party: City of Ottawa
Counsel
Laura E. Robinson
Amanda Afeich
100 Queen Street
Suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
Email: KCrain@blg.com
Party: ClubLink Corporation ULC
Counsel
Matthew P. Gottlieb
Crawford G. Smith
John Carlo Mastrangelo
425 Adelaide Street West, 10th Floor
Toronto, Ontario
M5V 3C1
Telephone: (416) 263-4513
FAX: (416) 977-8931
Email: markf@davieshowe.com
Agent
400 – 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: abarqawi@conwaylitigation.ca
Party: Kanata Greenspace Protection Coalition
Counsel
Alyssa Tomkins
283 Sussex Drive
Ottawa, Ontario
K1N 6Z1
Telephone: (343) 655-0034
FAX: (613) 701-4045
Email: charles@davidsauve.ca
Summary
Keywords
Contracts — Nullity — Impact on remaining provisions of contract where one provision is valid at time of contracting but declared void by court after applying rule against perpetuities — Legal principles applicable to determine effect on contract — What use, if any, can courts make of void provisions in determining intentions of parties?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 1981, the City of Kanata granted authority to develop lands to Campeau Corporation. The parties entered into an agreement which in part required 40% of the property be used as open space and a golf course be operated in perpetuity on the open space lands. Ottawa (City) v. ClubLink Corporation ULC, 2021 ONCA 847, declared two provisions in the agreement to be void for offending the rule against perpetuities and remitted the matter to the Ontario Superior Court of Justice to determine the impact of voiding those provisions on the remainder of agreement and related contracts. The Ontario Superior Court of Justice declared additional provisions inoperative. The Court of Appeal dismissed an appeal.
Lower court rulings
Provisions in contracts declared inoperative
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available