The Ontario Court of Appeal has upheld a lower court’s decision in dismissing a developer’s constitutional challenge against a 2023 law that reinstated 15 pieces of land into the Greenbelt. This law, which overturned Premier Doug Ford’s previous plan to open up protected areas for development, was contested by Minotar Holdings Inc., claiming it infringed on superior court authority and unwritten constitutional principles.
In a ruling issued on Friday, the Appeal Court concluded that the developer’s argument would disrupt the constitutional balance and therefore was not valid. Minotar Holdings Inc. initiated legal action against the province in 2017, asserting that its 210-acre land parcel was mistakenly included in the Greenbelt.
Although a settlement was reached in 2022 to remove 37 acres from the protected reserve, the province revoked the agreement in the following year amid controversy over Ford’s decision to allow development on Greenbelt land. Following critical findings from the auditor general and integrity commissioner, Ford decided to return all 15 parcels, including Minotar’s 37-acre tract, back to the Greenbelt.
The legislation reinstating the land stipulated that any future alterations to the Greenbelt boundaries must be conducted through legislation rather than regulations, shielding the government from judicial scrutiny over Greenbelt changes, as argued by Minotar’s lawyer, Paul Fruitman, in 2023.
Despite the argument put forth by Minotar, the Appeal Court, in a 2-1 ruling, sided with the lower court, asserting that the province’s actions did not encroach on the superior courts’ jurisdiction. The court emphasized that the legislative amendments constituted changes to substantive law and were within acceptable regulatory frameworks, not impinging on inherent judicial powers.