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. The legislation in question overturned Premier Doug Ford’s previous initiative to open up protected areas for development. Despite arguments from Minotar Holdings Inc.’s legal team that the law infringed on superior court authority and unwritten constitutional principles, the Appeal Court deemed their claims detrimental to the constitutional balance and rejected them.
The legal battle stemmed from Minotar Holdings Inc.’s 2017 lawsuit against the province, contending that their 210-acre land parcel had been erroneously included in the Greenbelt. A settlement was reached in 2022 to remove 37 acres from the protected reserve, but this agreement was revoked in the following year amid controversy surrounding Ford’s decision to allow development on Greenbelt land.
Following critical reports from the auditor general and integrity commissioner highlighting preferential treatment of certain developers, Ford reinstated all 15 parcels, including Minotar’s 37-acre tract, back into the Greenbelt. The law reinstating the land stipulated that any future alterations to the Greenbelt boundary must be enacted through legislation rather than regulation, effectively shielding such decisions from judicial oversight, as argued by Minotar’s lawyer Paul Fruitman in 2023.
Despite Fruitman’s contentions, the Appeal Court, in a 2-1 ruling, aligned with the lower court’s decision, stating that the province’s actions did not encroach upon superior court jurisdiction. The court emphasized that the legislative changes constituted adjustments to substantive law rather than limitations on judicial powers, falling within established regulatory frameworks.